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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Warner Associates v. Logan, 50 Conn. App. 90 (1998)

Citation
Warner Associates v. Logan, 50 Conn. App. 90 (1998)
Parent Document
Warner Associates v. Logan, 50 Conn. App. 90 (1998)
Jurisdiction
Connecticut (state)
Effective Date
1998-08-25

Full Text

1,089 chars
“A lease is a contract. In its construction, three elementary principles must be kept constantly in mind: *95(1) the intention of the parties is controlling and must be gathered from the language of the lease in the light of the circumstances surrounding the parties at the execution of the instrument; (2) the language must be given its ordinary meaning unless a technical or special meaning is clearly intended; (3) the lease must be construed as a whole and in such a manner as to give effect to every provision, if reasonably possible.” Hatcho Corp. v. Della Pietra, 195 Conn. 18, 20, 485 A.2d 1285 (1985). “In determining the meaning and effect of the controverted language in the lease, the inquiry must focus on the intention expressed in the lease and not on what intention existed in the minds of the parties. Lampson Lumber Co. v. Caporale, 140 Conn. 679, 682, 102 A.2d 875 (1954). The construction and legal effect of the expressed terms will not be varied by reason of inconvenience to the parties or unreasonableness of the terms. Id.” Hatcho Corp. v. Della Pietra, supra, 21.