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← 122 Mont. 283 - Warner v. Johns

Warner v. Johns’s Empirical Analysis

1949

Citation profile

10
cited by 10 later decisions
1
states following
September 1989
most recently cited

2 district · 8 state decisions

Relationships

Relies on Hei v. Heller · Cashion v. Bank of Arizona · Continental Oil Co. v. Bell · Herrin v. Abbe · Manton v. City of San Antonio

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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““The rule with a long line of supporting authorities is stated in 32 C.J.S., Evidence, § 958, page 889, as follows: ‘Where the statement in a written instrument as to the consideration is more than a mere statement of fact or acknowledgement of payment of a money consideration, and is of a contractual nature, as where the consideration consists of a specific and direct promise by one of the parties to do certain things, this part of the contract can no more be changed or modified by parol or extrinsic evidence than any other part, for a party has the right to make the consideration of his agreement of the essence of the contract, and when this is done the provision as to the consideration for the contract must stand on the same plane as the other provisions of the contract with reference to conclusiveness and immunity from attack by parol or extrinsic evidence . .’ ” 122 Mont. at 288-289 , 201 P.2d at 988 .”
    1 later decision quote this exact passage

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.