Lembo v. Waters

How courts have described this case

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

• court may resort to conduct of parties to determine meaning they put on ambiguous contract term
• inconsistency between broadly inclusive and more limited clause “ ‘operate[sj as a modification and pro tanto nullification of the former’ ”
• court may resort to conduct of parties to determine meaning they put on ambiguous contract term
• “it is settled that the court’s power of modification under G. L. c. 208, § 37, may be exercised . . . in a proceeding for contempt”
• inconsistency “ ‘between a clause that is general and broadly inclusive in character and one that is more limited and specific in its coverage’ ” generally “ ‘operate[s] as a modification and pro tanto nullification of the former’ ”
• involving whether property settlement agreement merged in decree of dissolution

Source: CourtListener parenthetical corpus (CC0).