Opinion

Kasten Construction Co. v. Rod Enterprises, Inc.

  • 268 Md. 318
  • 301 A.2d 12
Court
Court of Appeals of Maryland
Filed
Mar 15, 1973
Status
Published
Author
Murphy
On the bench
Levine, Murphy
Cited by
94 cases

stating that “where a contract is plain and unambiguous, there is no room for construction, and it must be presumed that the parties meant what they expressed.”

How later courts described this case

  • stating that “where a contract is plain and unambiguous, there is no room for construction, and it must be presumed that the parties meant what they expressed.”
  • “The cardinal rule in construction and interpretation of contracts is that effect must be given to the intention of the parties____”
  • Maryland follows objective test for interpreting written contracts; where contract is plain and unambiguous and in absence of fraud, duress, or mutual mistake, court cannot look beyond four corners of the written contract to evidence of prior statements or agreements, especially when contract contains integration clause
  • courts generally should not look beyond the contract to evidence of prior statements or agreements, especially when contract contains integration clause

Written by the judges who cited it.

The opinion

Murphy, C. J.,

dissenting: -

Because I think that Rod’s responsibility under the contract to complete “. . . all paving, etc. in regard the streets, etc. of the subdivision” was plainly limited to the $45,000 held in the escrow account, I must respectfully dissent from the view taken by the majority of the Court.

Judges Singley and Smith concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.