Kemp v. Beasley’s Empirical Analysis
1966
Citation profile
1 federal appellate · 7 state decisions
How this case has been cited
Cited by 8 later decisions — most recently March 1987
1 federal appellate · 7 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 Agurs v. Holt · Texaco, Inc. v. Vermilion Parish School Board · 162 So. 2d 135 - Walker v. Jim Austin Motor Company · 68 So. 2d 149 - Schreiner v. Weil Furniture Co. · Bruno v. McCabe
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“`Every effort must be made to gather the intention of the parties from the written instrument itself, but where this is impossible, extrinsic evidence may be resorted to. Texaco, Inc. v. Vermilion Parish School Board, 244 La. 408 , 152 So.2d 451 (1963). Where the language of a contract is doubtful or ambiguous we must endeavor to ascertain the true intention of the parties. LSA-C.C. Article 1950. In case of doubt, the agreement must be interpreted against him who prepared it. Schreiner v. Weil Furniture Co. [La.App.], 68 So.2d 149 and the authorities cited therein; LSA-C.C. Article 1957. If the doubt or obscurity results from the lack of any explanation which one of the parties should have given or from any other neglect or fault of his, the construction most favorable to the other party shall be adopted. LSA-C.C. Article 1958; Hood v. Home Enterprise, Inc., La.App., 159 So.2d 55 ; Bruno v. McCabe, La.App., 71 So.2d 245 .' [Emphasis supplied]”
1 later decision quote this exact passage“`It is clear that plaintiff is the one who prepared the instrument and any fault or neglect resulting in doubt or ambiguity lies with him. Under the above cited jurisprudence, the contract must be construed against him.' [188 So.2d at 428Emphasis supplied]”
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.