George H. Olmsted & Co. v. Metropolitan Life Ins.

The sole question considered by this court is whether the standard mortgage clause is to be construed as a covenant or whether it is to be construed as a condition. If the language of the clause is plain and unambiguous it must be given its plain and unambiguous meaning, and no occasion or justification for its construction by the court arises. If it is ambiguous and reasonably susceptible of two or more constructions, then it becomes the duty of the court to construe it most strongly against the party preparing the contract and selecting the language, and most favorably toward the party…