Martindell v. Lake Shore National Bank

How courts have described this case

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

• recognizing that a contract must be “construed as a whole, giving meaning and effect to every provision thereof . . . since it will be presumed that everything in the contract was inserted deliberately and for a purpose”
• stating that “[t]he intent of the parties is not to be gathered from detached portions of a contract or from any clause or provision standing by itself’
• reading in a good faith requirement where defendant acted in bad faith under the terms of the contract to avoid the plaintiffs option rights
• reading in a good faith requirement where defendant acted in bad faith under the terms of the contract to avoid the plaintiff’s option rights
• meaning and effect must be given to all terms of a contract so no part is rendered meaningless or sur-plusage
• finding ambiguous the phrase “ ‘[debentures paid and discharged by the new corporation shall not thereafter be available for purchase by the Buyer under [the] option’ ” (emphasis added

Source: CourtListener parenthetical corpus (CC0).