29 N.C. 497 | N.C. | 1847
In the opinion of the presiding judge we think there is error. The covenant is drawn very inartificially, but still the real meaning of the parties is, upon a careful inspection, apparent. It is well settled that in the construction of covenants technical rules are not so much consulted as the real meaning of the parties, where it can be gathered from the instrument itself; and to arrive at the intention, sentences may be transposed and insensible words, or such as have no distinct meaning, may be rejected. The whole instrument must be taken together, and one part may be explained by another. Foster v.Frost,
PER CURIAM. Venire de novo.
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