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← 225 Kan. 83 - Quenzer v. Quenzer

Quenzer v. Quenzer’s Empirical Analysis

1978

Citation profile

64
cited by 64 later decisions
3
states following
December 2022
most recently cited

4 federal appellate · 10 district · 49 state decisions

How this case has been cited

Cited by 64 later decisions — most recently December 2022 · most notably Wood River Pipeline Co. v. Willbros Energy Services Co. (1987), First Nat'l Bank of Olathe v. Clark (1979)

4 federal appellate · 10 district · 49 state decisions

200197819801990200020102020decided

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 Duffin v. Patrick · Wood v. Hatcher · Mobile Acres, Inc. v. Kurata · Schnug v. Schnug · Mays v. Middle Iowa Realty Corp.

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

  1. ““Whether ambiguity exists in an instrument is a matter of law to be decided by the court. Mobile Acres, Inc. v. Kurata, 211 Kan. 833, 839 , 508 P.2d 889 (1973). This court, however, may not rewrite a contract or make a new contract for the parties under the guise of construction. Wood v. Hatcher, 199 Kan. 238 , 428 P.2d 799 (1967). Words cannot be written into a contract which import an intent wholly unexpressed when it was executed. Duffin v. Patrick, 212 Kan. 772, 778 , 512 P.2d 442 (1973). “Ambiguity is defined in Wood v. Hatcher, 199 Kan. at 242 , where the court said: ‘The language in a contract is ambiguous when the words used to express the meaning and intention of the parties are insufficient in a sense the contract may be understood to reach two or more possibie meanings. . . .’ See Mobile Acres, Inc. v. Kurata, 211 Kan. at 838 ; Mays v. Middle Iowa Realty Corp., 202 Kan. 712, 718 , 452 P.2d 279 (1969). “If a contract is not ambiguous it must be enforced according to its terms, for the law presumes the parties understood their contract and that they had the intention which its terms import. Tri-State Hotel Co., Inc. v. Sphinx Investment Co., Inc., 212 Kan. 234, 246 , 510 P.2d 1223 (1973); Schnug v. Schnug, 203 Kan. 380, 383 , 454 P.2d 474 (1969). As a general rule, when a contract is complete and unambiguous and free from uncertainty, parol evidence of prior or contemporaneous agreements or understandings tending to vary the terms of the contract evidenced by the wri”
    2 later decisions quote this exact passage · from the majority

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.