How have courts interpreted the meaning of a contract where a lot of land is excluded?
Nova Scotia, Canada
The following excerpt is from Murphy's Ltd. v. Fabricville Co. Inc., 1980 CanLII 2718 (NS SC):
In the case of Lloyd v. Stanbury, [1971] 2 All E.R. 267 at p. 273, Brightman J. said as follows: ... it is not sufficient that there should be convincing proof that the written contract did not represent the true intention of the parties. I must also be satisfied that there was a common intention, and I emphasise a common intention, of the defendant and the plaintiff that 1428 [a lot of land] should be excluded.
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