497. Construction of forfeiture clauses.

The ordinary rules of construction apply to conditions and covenants the breach of which may lead to a forfeiture1, and the intention of the parties has to be found from the language they have used in the lease2. A fair construction is to be put upon conditions of this nature according to the apparent intent of the contracting parties3.

Thus, in the case of a covenant with a proviso for re-entry, the court has to ascertain the meaning of the covenant without regard to the forfeiture, and then see, upon that ascertained meaning, whether a forfeiture has been incurred4. Subject