Charles S. Martin Distributing Co. v. Bernhardt Furniture Co.

How courts have described this case

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

• concluding that documents that are incorporated by reference will be read together absent a legal excuse such as illiteracy, emergency or fraud
• construing an unsigned guaranty in conjunction with a signed addendum, despite the guarantor’s assertion that he did not see the guaranty until after he signed the addendum, because each of the documents sufficiently referenced the other
• “The assertion of a set-off against the amount owed is not a defense, but is a claim for affirmative relief.”
• “The assertion of a set-off against the amount owed is not a defense, but is a claim for affirmative relief.”
• summary judgment properly granted to creditor where debtor claimed that he had not seen guaranty page of contract until after he had signed addendum to guaranty
• court must construe documents as a whole where they reference each other

Source: CourtListener parenthetical corpus (CC0).