Topic: a court should interpret the terms of the contract accordin… · Go Syfert
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Topic #15384

8 canonical passages across 7 cases, quoted by 26 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Larkins v. Miller.

#Case FlagCanonical passage Citers
1 Larkins v. Miller Anchor
kyctapp · 2007
green “a court should interpret the terms of the contract according to their plain and ordinary meaning” 4
2 McFarland v. Hanley
kyctapphigh · 1953
green “one primary rule of construction relating to all instruments is that every part of the instrument will be given meaning and effect when possible.” 4
3 Robertson v. Western Baptist Hospital
kyctapphigh · 1954
green “each case involving restrictions on the use of property, whether it be by reciprocal negative easements contained in conveyances or by a zoning ordinance, must be decided on its merits-on the particular terms of the instrument and the facts of the case.” 3
4 Robertson v. Western Baptist Hospital
kyctapphigh · 1954
green “particular terms of the instrument and the facts of the case.” 3
5 White v. Sullivan
kyctapp · 1983
green “to prevent uncertainty and confusion on the part of those faced with injunctive orders, and to avoid the possible founding of a contempt citation on a decree too vague to be understood.” 3
6 Parrish v. Newbury
kyctapphigh · 1955
green “restrictions constitute mutual, reciprocal, equitable easements of the nature of servitudes in favor of owners of other lots of a plot of which all were once a part; that they constitute property rights which run with the land so as to entitle beneficiaries or the owners to enfo…” 3
7 TRIPLE CROWN SUBDIVISION HOMEOWNERS ASSOC., INC. v. Oberst
ky · 2008
green “restrictions are regarded more as a protection to the property owner and the public rather than as a restriction on the use of property, and the old-time doctrine of strict construction no longer applies.” 3
8 Logan v. Logan
kyctapp · 1966
green “the only proof offered was that any other violations of the restrictions were in-home uses which had no impact on the character of the neighborhood.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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