WLM Retail Trust v. Tramlaw Remainderman Limited Partnership

Court properly entered summary judgment for Plaintiff in declaratory judgment action involving contract dispute. General intent and purpose of Agreement as a whole, as expressed in numerous other provisions of Agreement, reflect that apparent limitation on Plaintiff's purchase option must be viewed as a mistake, accident, or so repugnant to general intent and purpose of Agreement that it must be disregarded. Agreement reflects parties' general intent that purchase option was to survive expiration of estate for years.(REYES and LAMPKIN, concurring).