208 Ga. App. 484 - Duffett v. E & W Properties, Inc.’s Empirical Analysis
1993
Citation profile
29 state decisions
How this case has been cited
Cited by 31 later decisions — most recently November 2016 · most notably Magnetic Resonance Plus, Inc. v. Imaging Systems International (2001), 275 Ga. App. 434 - Hendon Properties, LLC v. Cinema Development, LLC (2005)
29 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 Travelers Insurance v. Blakey · Giddens Construction Co. v. Fickling & Walker Co. · Emory University v. Porubiansky · 194 Ga. App. 169 - Howell Mill/Collier Associates v. Pennypacker's, Inc. · 156 Ga. App. 602 - Porubiansky v. Emory University
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“First, if no ambiguity appears, the trial court enforces the contract according to its terms irrespective of all technical or arbitrary rules of construction. [Cits.] That is, where the terms of a written contract are clear and unambiguous, the court will look to the contract alone to find the intention of the parties. [Cit.] Secondly, if ambiguity does appear, “[t]he existence or non-existence of an ambiguity is itself a question of law for the court. (Cits.) (Finally, a) jury question arises only when there appears to be an ambiguity in the contract which cannot be negated by the court’s application of the statutory rules of construction.” [Cit.]”
3 later decisions quote this exact passage“An insurance policy is governed by the ordinary rules of contract construction. [Cit.] The hallmark of contract construction is to ascertain the intention of the parties. [Cits.] However, when the terms of a written contract are clear and unambiguous, the court is to look to the contract alone to find the parties' intent.”
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.