context: This resolution of the facial conflict by recognizing reasonable spheres of respective applicability gives effect to each set of terms and gives the parties and the drafters of the documents credit for coherent thinking.
citation_a.signal: see
citation_a.identifier: 200 N.E.2d 248, 251
citation_a.parenthetical: "Justice, common sense and the probable intention of the parties are guides to construction of a written instrument."
citation_a.sentence: See Stop & Shop, Inc. v. Ganem, 347 Mass. 697, 200 N.E.2d 248, 251 (1964) (“Justice, common sense and the probable intention of the parties are guides to construction of a written instrument.”); see also Fishman v. LaSalle Nat’l Bank, 247 F.3d 300, 302 (1st Cir. 2001) (stating, in interpreting a contract subject to Massachusetts law, that “[cjommon sense is as much a part of contract interpretation as is the dictionary or the arsenal of canons”). We accordingly hold the terms of the Non-Contravention Agreement entitled to apply on the facts of this case, without nullification by the Loan Agreement’s non-re-, course clause.
citation_b.signal: see also
citation_b.identifier: 247 F.3d 300, 302
citation_b.parenthetical: stating, in interpreting a contract subject to Massachusetts law, that "[cjommon sense is as much a part of contract interpretation as is the dictionary or the arsenal of canons"
citation_b.sentence: See Stop & Shop, Inc. v. Ganem, 347 Mass. 697, 200 N.E.2d 248, 251 (1964) (“Justice, common sense and the probable intention of the parties are guides to construction of a written instrument.”); see also Fishman v. LaSalle Nat’l Bank, 247 F.3d 300, 302 (1st Cir. 2001) (stating, in interpreting a contract subject to Massachusetts law, that “[cjommon sense is as much a part of contract interpretation as is the dictionary or the arsenal of canons”). We accordingly hold the terms of the Non-Contravention Agreement entitled to apply on the facts of this case, without nullification by the Loan Agreement’s non-re-, course clause.