Cafe Associates, Ltd. v. Gerngross

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that contracts executed by the same parties for the same purpose and during the course of the same transaction should be read together
• enforcing five mile radius and five year time restraint on activities of former owner of restaurant
• enforcing five-mile radius and five-year time restraint on activities of former owner of restaurant
• in ruling on a motion for summary judgment, the evidence and the inferences which can be drawn therefrom should be viewed in the light most favorable to the non-moving party
• summary judgment is appropriate only when it is clear that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law
• “As a general rule, written contracts are to be construed by the Court; but where a contract is ambiguous or capable of more than one construction, the question of what the parties intended becomes one of fact, and the question should be submitted to the jury.”

Source: CourtListener parenthetical corpus (CC0).