Banker v. Braker

Express covenants, it is said, should be taken strictly (Shubrick v. Salmond, 3 Burr. 1639). At furthest, when construction is called for, a covenant should be fairly and reasonably considered, and good faith in its performance should be upheld according to the intention of the parties. This intention is to be gathered, when extrinsic facts can give no clue, from the written words of the parties, which are to be fairly interpreted. A construction, however, should not be adopted, unless the words cannot be otherwise rendered, which would lead' to illegality or produce inequitable results. '

The…