Section 97 · Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies
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When the language used applies partly to one set of existing facts, and partly
to another set of existing facts, but the whole of it does not apply correctly to either, evidence may be
given to show to which of the two it was meant to apply.
Illustration
A agrees to sell to B "my land at X in the occupation of Y". A has land at X, but not in the occupation of Y, and he has land in the occupation of Y but it is not at X. Evidence may be given of facts showing which he meant to sell.
Illustration
A agrees to sell to B "my land at X in the occupation of Y". A has land at X, but not in the occupation of Y, and he has land in the occupation of Y but it is not at X. Evidence may be given of facts showing which he meant to sell.
In the new law
IEA 97BSA 100
100. Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies.
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