Legal Opinion · Dissent

Hardware Wholesalers, Inc. v. Heath

Appellate Court of Illinois

Decided February 28, 1973No. 71-209Published

1Dissent

Mr. JUSTICE GEORGE J. MORAN

dissenting:

In construing a written instrument, it should be read and considered as a whole. The intention of the parties is not to be gathered from detached portions of the contract or from any one clause or provision standing by itself, but each part of the instrument should be viewed in the light of the other parts. (Martindell v. Lake Shore National Bank, 15 Ill.2d 272.) One clause of the instrument may be modified or limited by another clause, and no word should be changed if, by considering the entire instrument, all parts of it may be interpreted to create one…

2Cases cited5 opinions

  1. Martindell v. Lake Shore National BankIllinois Supreme Court · 1958
  2. Hailey v. County Board of School TrusteesAppellate Court of Illinois · 1959
  3. Metcalfe v. First National BankAppellate Court of Illinois · 1941
  4. Kurth v. Forreston State BankAppellate Court of Illinois · 1953
  5. Saunders v. FoxAppellate Court of Illinois · 1913

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