Perper v. FAYED, T/A FAYCO ELECTRIC SERVICE

Clapp, J., delivered the opinion of the Court. These are consolidated appeals arising out of two equity actions in the Circuit Court for Prince George’s County. The first is a bill to foreclose two mechanics’ liens by the appellee, James J. Fayed, t/a Fayco Electric Service (hereinafter called “Fayed”). It alleges that Fayed had rendered electrical services at the request of the general contractor and builder for the appellants in connection with certain property leased by them.

It is agreed that the amount due for such services is the sum of $10,135.85. Appellants answered this bill alleging as one of their defenses (and the only defense argued in this Court) that Fayed had executed a written waiver of liens as to the property against which they had been filed. Thereafter, appellants filed the second bill of complaint against Fayed for the release of these liens and posted bond for their payment. On September 26, 1966, these matters came on for a hearing that consisted solely of colloquy between the judge and counsel for the parties relating to the interpretation of the alleged waiver, filed as an exhibit to the answer of the appellants.

Following this hearing, the judge entered judgments against the appellants in the first equity action and shortly thereafter, upon motion of Fayed, judgment was entered against the bonds posted in the second equity action. The pertinent parts of the document interpreted by the trial judge are as follows: ⁶⁴¹ “In consideration of the sum of $1.00 to me in hand paid, receipt whereof is hereby acknowledged, and other benefits accruing to me, and in order to procure the making of one or more loans on said real estate, as improved, I do hereby waive, release and quit-claim in favor of each and every party making a loan on said real estate, as improved, and his or its successors and assigns, all right that I may now or hereafter have to a lien upon the land and improvements * * *. “* * * It is understood and agreed that the signature hereto is for all services rendered, work done and material furnished heretofore and hereafter by the signer in any and all capacities.” The judge ruled that this document is, in effect, a subordination of the mechanics’ liens of Fayed to any party making a loan on the real estate, but that such subordination does not impair the right of Fayed to pursue its mechanics’ liens subject to any such loans. He held that Fayed had waived only its priority and not its right to file and enforce its liens, and the judgments appealed from were accordingly entered. The only question presented on this appeal is whether the judge erred in his interpretation.

In the construction of any contract we must, of course, seek to ascertain the intention of the parties and, in seeking this intention, we must give effect, if reasonably possible, to each word used by the parties. In Sagner v. Glenangus Farms, 234 Md. 156 , 198 A. 2d 277 (1964), Judge (now Chief Judge) Hammond for this Court said at page 167: “A recognized rule of construction in ascertaining the true meaning of a contract is that the contract must be construed in its entirety and, if reasonably possible, effect must be given to each clause so that a court will not find an interpretation which casts out or disregards a meaningful part of the language of the writing unless no other course can be