The meaning of the surety's contract having been determined, it remains for the court to say whether a strict construction in favor of the surety should be given the contract, or whether the contract should receive the same construction as any other contract. The general rule, which it seems in reason is to be preferred, is to adopt the latter of the two constructions and bring to the analysis of the surety's liability the same rules of construction that are generally to be applied by the courts in the construction of the ordinary contract.1 For instance, the courts have frequently applied to suretyship contracts the general rule that a contract is to be most strongly construed against the person who is responsible for the language used in the contract; likewise the courts have endeavored to sustain the obligation of the surety where another construction would leave the creditor without a remedy. In any event it is to be remembered that all questions of construction are for the court. It is the duty of the court and the court alone to construe the contract.2

In Keeler vs. Herr, the Illinois Court says: "Where the contract is in writing, it is for the court to state its meaning; * * * the acts of the parties are to be looked to, only where there is a doubt as to the meaning of the contract, arising from the ambiguity of the words or phrases used." 3

1 Shreffler vs. Nadelhoffer, 133 I11., 536.

2 Machine Co. vs. Laster, 81 I11. App., 316.

The student of law should bear in mind that in determining the liability of the surety, and in passing on defenses that the surety might plead as the privilege of his office, there should be no confusion of the rule that a surety is a favorite of the law, with the application of the general rules of construction to the surety's contract. The general rules of construction are in no way to interfere with the rule that the surety has the right to stand on the strict terms of the contract, and to claim a discharge where the contract is altered in any respect without his consent. Usually the surety secures no personal benefit on his contract of suretyship; the purpose of the contract is to assist the principal debtor; therefore he in justice ought to be bound no further than he has expressly obligated himself. In the application of this principle, in this sense, he is a favorite of the law. The contract of suretyship will not begin until the day is reached named in the contract, and will close at the time stipulated, if the parties have agreed on the time in the contract. In such instances, where the terms of the contract are not made uncertain, the liability is limited strictly as shown by the terms of the contract.