Caselaw

Civil Appeal 4612/95 Itamar Matityahu v. Shatil Yehudit - part 24

October 17, 1997
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Therefore, the clause must be interpreted 3The addendum to the contract is intended to provide the answer to the question of which apartments the appellants will receive from the company, instead of the apartments that were initially agreed upon.  The section should not be interpreted 3 It is as if he came to change the principle, according to which the total area of the apartments that the appellants will receive is 300Mam.  There is evidence that with regard to the first two apartments mentioned in the addendum to the contract, it is stated that its area shall not be less than 100 square meters, and regarding the third apartment, it was said that "it will be in the same dimensions as The previous apartments." This clearly indicates the parties' assumption that the area of each of the apartments will be similar, and will stand on the 100m2.  It follows from this that their clear intention is that the total area that the appellants will receive will be 300 square meters, exactly as agreed in the original contract.

  1.   I also cannot accept the position of respondents 4-5 on this point..  These respondents claim that the value of the two apartments that were delivered to the appellants exceeds the value of the three apartments that the appellants were supposed to receive according to the agreement.  On this basis, these respondents claim that the appellants did not suffer any damage by depriving them of the agreed collateral.  This argument is based on the assumption that according to the agreement between the parties, the value of the apartments that the appellants were supposed to receive was 000, $330, and since the value of the two apartments that the appellants actually received was according to an appraiser's opinion of 000, $340, it turns out that no damage was caused to the appellants.

This argument encounters two difficulties.  First, it ignores the contractual provision that

The total area of the apartments that the appellants will receive will be 300 square meters, and if the appellants receive an apartment in a larger area, the necessary adjustment will be made in the area of the other two apartments that will be handed over to them.  The decisive criterion chosen by the parties for the contractual consideration was the total area of the apartments.

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