Lease—Bond to Segure Obligations and Last Two Months’ Bent— Construction.—Where a bond given with a lease of a store-room in a city, for a term of five years, in the sum of $1,800, which was the amount of two months’ rent, was conditioned “to secure the full performance of all the obligations contained in said lease, and also the last two months’ rent to become due and payable under said lease,” the bond is to be construed as limiting the liability for rent to said last two months, and as limiting the performance of the other obligations of the lease to such other obligations as are expressed in the lease other than for the payment of rent.

Id.—Interpretation op Bond as a Contract—Bules op Civil Code— Clauses not Bepugnant.—It is held that, applying the rules for the interpretation of contracts embodied in the Civil Code to the bond as a contract to secure the performance of the lease, and considering the language employed in the whole instrument, it cannot be said that the clauses of the bond are so repugnant that they cannot stand together. The word “also” which precedes the last clause, “the last two months’ rent,” amounting to the sum specified in the bond, would indicate an intention to include something not before included; and it was not error to so interpret the contract, under the provisions of sections 1641 and 1652 of the Civil Code, as' to give effect to the last clause.

Id.—Bule as to Bestraining General Words by Particular Limiting Becital.—It is a settled rule of law that to give effect to the intention of the parties, general words may be restrained by a particular recital which follows them, when such recital is used by way of limitation or restriction. It is obvious that the last clause with reference to rent was intended as a limitation, since otherwise it would be meaningless.

Id.—Duty op Court in Interpreting Contract.—In the interpretation of the entire contract, it is the duty of the court to so interpret the same as to give, effect to every part, if reasonably practicable.

Id.—Oral Evidence op Sense in Which Promisor Believed the Promisee Understood the Contract When Made.—It being provided in section 1649 of the Civil Code that if the terms of a contract are ambiguous or uncertain, it must be interpreted in the sense in which the promisor believed at the time of making the contract that the promisee understood it, it is held that no prejudicial error could have resulted from the admission of oral evidence of the sense in which the promisor believed at the time of making the contract that the promisee understood it, even though an interpretation, unaided by extrinsic evidence, was possible upon the face of the contract.

Id.—Premature Action eor Bent on Bond.—The bond being conditioned for rent only for the last two months of the lease, it is held that any action for arrears of rent brought on the bond prior to the last two months of the term was premature, and cannot be maintained on the bond.