126 N.C. App. 693 - Phelps v. Spivey’s Empirical Analysis
1997
Citation profile
12 state decisions
How this case has been cited
Cited by 14 later decisions — most recently January 2020
12 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 Neal v. Marrone · 116 N.C. App. 663 - Davis v. Town of Southern Pines · Enns v. Zayre Corp. · 92 N.C. App. 211 - Aetna Casualty & Surety Co. v. Welch · 41 N.C. App. 112 - Van Harris Realty, Inc. v. Coffey
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]here the parties have deliberately put their engagements in writing in such terms as import a legal obligation free of uncertainty, it is presumed the writing was intended by the parties to represent all their engagements as to the elements dealt with in the writing. Accordingly, all prior and contemporaneous negotiations in respect to those elements are deemed merged into the written agreement.”
2 later decisions quote this exact passage“parol testimony [concerning] prior or contemporaneous negotiations or conversations inconsistent with the writing, or which tend to substitute a new and different contract from the one evidenced in the writing, is incompetent.”
2 later decisions quote this exact passage“The parol evidence rule is a rule of substantive law, though it is often expressed as if it were a rule of evidence.”
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.