Martin v. Hamilton State Bank

How courts have described this case

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

• affirming the trial court’s grant of summary judgment on a contractual good faith claim
• bank’s pursuit of a specific remedy did not waive its right to pursue other remedies because of nonwaiver provision
• trial court did not abuse its discretion in denying motion to compel discovery of evidence showing bank’s motivation in declaring default and ultimately refusing to restructure debt
• trial court did not abuse its discretion in denying motion to compel discovery of evidence showing bank’s motivation in declaring default and ultimately refusing to restructure debt
• “When a contract is silent, principles of good faith . . . fill the gap. They do no block use of terms that actually appear in the contract.”
• a bank’s “motivation” in choosing between alternative legal remedies available to it in the event of a borrower’s default was immaterial in an action by the bank to recover an indebtedness

Source: CourtListener parenthetical corpus (CC0).