Floyd v. Ring Const. Corp.’s Empirical Analysis
165 F.2d 125 · 1948
Citation profile
33 federal appellate · 2 district · 9 state decisions
How this case has been cited
Cited by 50 later decisions — most recently November 2008 · most notably W. R. Grimshaw Company and National Surety Corporation v. Nevil C. Withrow Co., Inc. (1957), Pasquel v. Owen (1950)
33 federal appellate · 2 district · 9 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 Gunning v. Cooley · Pennsylvania Co v. Chamberlain · Buzard v. Houston · Empire State Cattle Company v. Atchison Topeka & Santa Fe Railway Company No 178 Minnesota & Dakota Cattle Company · Wehrman v. Conklin
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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The law is ‘that the terms of a contract, if it be ambiguous, are matters of fact to be determined in the same manner as other facts; by the jury, if it be a jury case, or by the court, if the jury be waived; while the construction of the contract and its legal effect are questions of law for the court.’ Pike Rapids Power Co. v. Minneapolis, St. P. & S. S. M. R. Co., 8 Cir., 99 F.2d 902 , 916; National Surety Corporation of New York v. Ellison, 8 Cir., 88 F.2d 399 , 402; State v. Fellows, 98 Minn. 179 , 187, 107 N.W. 542 , 108 N.W. 825 ; Bell Lumber Co. v. Seaman, 136 Minn. 106 , 161 N.W. 383 , 384; Lucas v. Ganley Bros., 166 Minn. 7 , 206 N.W. 934 , 936. “It is the law, also, as the court observed in this case ( 66 F.Supp. 436 , at page 438), that where ambiguity exists in a contract the construction the parties in their dealings and by their conduct have placed upon the terms will furnish the court with persuasive evidence of their meaning. 17 C.J.S. Contracts § 325; City of South St. Paul v. Northern States Power Co., 189 Minn. 26 , 248 N.W. 288 , 291.””
3 later decisions quote this exact passage · from the majority“Whether the court erred in denying a jury trial is immaterial in view of our conclusion that the evidence conclusively establishes that it would have been the court's duty to direct a verdict for the defendant had the trial been to a jury.”
2 later decisions quote this exact passage · from the majoritye.g. In Re Professional Air Traffic Controllers Organization (Patco). Air Transport Association of America v. Professional Air Traffic Controllers Organization (Patco) Appeal of John Dwyer. In Re Professional Air Traffic Controllers Organization (Patco). Air Transport Association of America v. Professional Air Traffic Controllers Organization (Patco), and Domenic v. Torchia · Air Transport Ass'n of America v. Professional Air Traffic Controllers Organization
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.