Colorado § 4-3-114 - Contradictory terms of instrument.

§ 4-3-114. Contradictory terms of instrument.

If an instrument contains contradictory terms, type-written terms prevail over printed terms, handwritten terms prevail over both, and words prevail over numbers.

Source: L. 94: Entire article R&RE, p. 847, § 1, effective January 1, 1995.

Editor's note: This section is similar to former § 4-3-118 as it existed prior to 1994.

ANNOTATION

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

Parol evidence is admissible to determine if reformation of instrument is appropriate where misrepresentations of legal effect of contract by assignee's attorney was alleged. Boyles Bros. Drilling v. Orion Indus., Ltd., 761 P.2d 278 (Colo. App. 1988).

Applies only to terms of instrument itself and not to an extraneous matter appearing on a document. Pueblo Bank & Trust Co. v. McMartin, 31 Colo. App. 546, 506 P.2d 759 (1972).

Applicable where a single amount, such as an amount of principal, is intended to be expressed both in figures an in words and there is a conflict between the figures and the words, or an ambiguity in either the figures or the words used. Mees v. Canino, 31 Colo. App. 514, 503 P.2d 1036 (1972).

Where the word "renewed" is stamped across face of note, but handwritten words "stamped in error" appears next to stamp, and there is no evidence as to who made latter entry or when it was done, it is error to instruct jury that written words on note are controlling. Pueblo Bank & Trust Co. v. McMartin, 31 Colo. App. 546, 506 P.2d 759 (1972).

When an installment note is written for $27,000 and the note states that the maker promises to pay "Two Hundred Twenty-Five" dollars, "said principal payable on the first day of each and every month commencing April 1, 1970," the amount is not controlled by the written figure but is in the principal amount of $27,000 and not $225. Mees v. Canino, 31 Colo. App. 514, 503 P.2d 1036 (1972).