Foshee v. Daoust Const. Co.’s Empirical Analysis
185 F.2d 23 · 1950
Citation profile
16 federal appellate · 6 state decisions
How this case has been cited
Cited by 32 later decisions — most recently January 2019 · most notably Perkins v. Silverstein (1991), Northern Indiana Gun & Outdoor Shows, Inc. v. City of South Bend (1998)
16 federal appellate · 6 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 Aralac, Inc. v. Hat Corp. · Publicity Building Realty Corp. v. Hannegan · Simmons v. Peavy-Welsh Lumber Co. · Pelelas v. Caterpillar Tractor Co. · Andrews v. Equitable Life Assur. Soc.
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]here the allegations of a pleading are inconsistent with the terms of a written contract attached as an exhibit, the terms of the latter, fairly construed, must prevail over the averments differing therefrom.”
3 later decisions quote this exact passage“A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes.”
1 later decision quote this exact passagee.g. Anderson v. Willey“The meaning to be ascribed to [a] phrase must be determined from the contract as a whole”
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.