45 Iowa 166 | Iowa | 1876
The evidence shows that the principal in the bond had sold a glass of beer to an intoxicated person, which plaintiff claims was a violation of the conditions of the bond. The language of the instrument above quoted, which expresses the condition alleged to have been broken, is not only inaccurate, but when all the words are considered together one of them, at least, fails to express any meaning. Leaving out the word “whatsoever ” the meaning of the clause is clear that the obligation of defendants is violated by the sale of liquors to “ any intoxicated, card-playing person.” Betaining the word, a different idea is not expressed, and no force is given to the thought expressed without it. The word is therefore meaningless, and may be disregarded. "When omitted, the sense of the language is clear; when not, it does not destroy the sense, for it is meaningless. It has the effect, simply, of a useless word; it delays comprehension of the thought expressed. If we transpose it so it will follow the word person, it adds force to the sentence, but does not change its meaning. This, probably, we may not do. But as it is meaningless, standing where it does, we -may disregard it, or rather read it as a word having no meaning in the connection where it is found.
But the words “ card-playing ” are not so to be treated. They are not meaningless. Their meaning is not inconsistent with, words preceding or following, and they cannot, therefore, •be disregarded. 2 Parsons on Contracts, 26, and notes.
Counsel for plaintiff insists that the words should be regarded as surplusage. But if they have a meaning, this we cannot do without disregarding the very intention of the parties to the contract. That intention is expressed by the words the parties have chosen, and if words having a meaning are disregarded an interpretation of the contract is thereby given different from the real intention of the parties. ■ No rule of interpretation will permit' this. The doctrine of surplusage applies to pleadings, not to contracts.
The rules of our language require the copulative “cmd”
As there was no proof showing that the beer was sold to an “i/ntoxicated, card-plapimg person” tbe court erred in finding that the conditions of the bond were violated, and in rendering judgment for plaintiff.
Reversed.