" There is an agreed plan to build cottages on the top floor (.) In this case, the sellers (the appellants - T.A. ) a cottage and two smaller apartments and the total area of the whole will be about 300 square meters."
This is a provision that is intended to adjust the contractual consideration that the appellants will receive, if a plan for the construction of cottages on the top floor of the building is implemented. According to this provision, if this plan is implemented, the appellants will receive a cottage and two smaller apartments, in such a way that the general area of the apartments they will receive will be at 300 sqm. From this provision it emerges that according to the contract, the appellants had the right to receive an additional apartment in an area of approximately 60 square meters, after receiving a roof apartment with an area of 145A square meter and another apartment in the area of 96 sqm, apartments with a total area of about 240 sqm.
In my opinion, this principle also governs the relationship between the parties following the signing of the addendum to the contract. Indeed, section 3To the addendum states that section 5in the contract shall be deleted, and in its place shall be the provision of a clause 3To the addendum, in which the parties agree that the contractual consideration that the appellants will receive will be in three apartments different from those initially agreed upon. Prima facie, this indicates that the adjustment provision at the end of the section was also deleted 5For the contract. However, the addendum to the contract, like any contractual document, must be read as a whole (see Civil Appeal 554/83ATA, Textile Company in Tax Appeal v. Estate of the Late Zolotulov Yitzhak, Piskei Din 41(1) 282, 6-305; Civil Appeal 327/85 Kugler v. Israel Lands Administration, Piskei Din 42(1) 97, 102). In the meantime, "the words used by the drafters of the document, for all their importance, are not decisive... The words and idioms used by the litigants should be read in the overall and full context."Civil Appeal 627/84Nodel v. Estate of Zvi Pinto z"l, Piskei Din 40(4) 477, 482).