Mind & Motion Utah Investments, LLC v. Celtic Bank Corp.

How courts have described this case

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

• holding that courts may not consider affidavits regarding a party’s subjective understanding of the terms of a contract
• noting that reviewing extrinsic evidence is not only appropriate but required in light of a contract's facial ambiguity
• explaining that “when interpreting a contract, we generally give each term its plain and ordinary meaning” and using Black’s Law Dictionary to determine the ordinary meaning of “shall”
• declining to consider an affidavit asserting a party’s understanding as to the meaning of a contract provision as evidence of a latent ambiguity
• similarly noting that Black’s Law Dictionary recognizes that drafters typically intend, and courts typically uphold, the mandatory sense of the word “shall”
• using Black’s Law Dictionary to define contract terms

Source: CourtListener parenthetical corpus (CC0).