181 N.C. App. 641 - Dysart v. Cummings’s Empirical Analysis

Citation profile

14 state decisions

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

1. “The contract implies that plaintiffs would in good faith seek proper financing from NCNB and that such financing in keeping with reasonable business standards could not be rejected at the personal whim of plaintiffs but only for a satisfactory cause. Where a contract confers on one party a discretionary power affecting the rights of the other, this discretion must be exercised in a reasonable manner based upon good faith and fair play. ... A promise conditioned upon an event within the promisor’s control is not illusory if the promisor also ‘impliedly promises to make reasonable effort to bring the event about or to use good faith and honest judgment in determining whether or not it has in fact occurred.’ 1 Corbin on Contracts, § 149, at 659.”

   1 later decision quote this exact passage · from the majority
   e.g. 218 N.C. App. 503 - 42 East, LLC v. D.R. Horton, Inc.

2. “The heart of the contract is the intention of the parties, which is to be ascertained from the expressions used, the subject matter, the end in view, the purpose sought, and the situation of the parties at the time. The intention of the parties is gleaned from the entire instrument and not from detached portions. It is well settled that a contract is construed as a whole. Individual clauses are to be considered in context. All parts of the contract will be given effect if possible.”

   1 later decision quote this exact passage · from the majority
   e.g. Banyan GW, LLC v. Wayne Preparatory Acad. Charter Sch., Inc.

3. “A contract that is plain and unambiguous on its face will be interpreted by the court as a matter of law.”

   1 later decision quote this exact passage · from the majority
   e.g. 197 N.C. App. 233 - Vigus v. Milton A. Latta & Sons Dairy Farms, Inc.