109 Wash. 2d 377 - Skagit State Bank v. Rasmussen’s Empirical Analysis
1987
Citation profile
14 federal appellate · 31 state decisions
How this case has been cited
Cited by 55 later decisions — most recently August 2016 · most notably Swartz v. KPMG LLP (2007), 122 Wash. 2d 371 - Yakima County (West Valley) Fire Protection District No. 12 v. City of Yakima (1993)
14 federal appellate · 31 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 81 Wash. 2d 886 - National Bank v. Equity Investors · 77 Wash. 2d 396 - Moss v. Vadman · Perry v. Continental Insurance Co. · 65 Wash. 2d 696 - Williams v. Joslin · 53 Wash. 2d 51 - Puget Sound National Bank v. McMahon
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"a party whose rights rest upon a written instrument which is plain and unambiguous, and who has read or had the opportunity to read the instrument, cannot claim to have been misled concerning its contents or to be ignorant of what is provided therein." 109 Wash.2d at 381, 745 P.2d 37 (quoting Johnston v. Spokane & I.E.R.R., 104 Wash. 562, 569 , 177 P. 810 (1919)).”
3 later decisions quote this exact passage“Our decision comports with current views respecting a party's own negligence in failing to ascertain the truth of the other party's representations. Whether a party's own negligence will be a defense to a claim for avoidance depends in part upon the nature of the conduct of the party making the representations. On the one hand, "courts will continue to move toward the doctrine that negligence in trusting in a misrepresentation will not excuse positive willful fraud . . 12 S. Williston, Contracts § 1515B, at 487 (3d ed. 1970), that is, a party's own negligence in the face of positive, willful fraud will not preclude avoidance by the party to whom the misrepresentation is made. On the other hand, where mere negligence on the part of the representing party is concerned, leading commentators have noted: As negligence becomes an increasingly recognized basis of liability for misrepresentation the question whether contributory negligence is or should be a defense will become increasingly important. The decisions to date are unanimous in recognizing the defense and this accords with the view of commentators and the American Law Institute.”
1 later decision quote this exact passage“A party to a contract which he has voluntarily signed will not be heard to declare that he did not read it, or is ignorant of its contents. One cannot, in the absence of fraud, deceit or coercion be heard to repudiate his own signature voluntarily and knowingly fixed to an instrument whose contents he is in law bound to understand. Where the plaintiff is a person of ordinary understanding and one with more than ordinary experience in land transactions and instruments of conveyance and security, and with time and opportunity both to consult with an attorney and to inspect the instruments before signing, he cannot be heard in law to repudiate his signature. The whole panoply of contract law rests on the principle that one is bound by the contract which he voluntarily and knowingly signs.”
1 later decision quote this exact passagee.g. In Re Spencer
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.