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← 244 Ala. 354 - Fidelity & Casualty Co. v. J. D. Pittman Tractor Co.

Fidelity & Casualty Co. v. J. D. Pittman Tractor Co.’s Empirical Analysis

1943

Citation profile

87
cited by 87 later decisions
1
states following
May 2014
most recently cited

11 federal appellate · 66 state decisions

How this case has been cited

Cited by 87 later decisions — most recently May 2014 · most notably First Virginia Bankshares v. Benson (1977), 510 So. 2d 142 - Lynn Strickland Sales & Serv., Inc. v. AERO-LANE FAB., INC. (1987)

11 federal appellate · 66 state decisions

32019431950196019701980199020002010decided

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 Cartwright v. Braly · Southern Building & Loan Ass'n v. Dinsmore · Hafer v. Cole · Tillis v. Smith Sons Lumber Co. · Standard Oil Co. v. Myers

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

  1. “Whether a given representation is an expression of opinion or a statement of fact depends upon all the circumstances of the particular case, such as the form and subject matter of the representation and the knowledge, intelligence and relation of the respective parties. The mere form of the representation as one of opinion or fact is not in itself conclusive, and in cases of doubt the question should be left to the jury.”
    14 later decisions quote this exact passage
  2. ““Misrepresentations of a material fact, made wilfully to deceive, or recklessly without knowledge, and acted on by the opposite party, or if made by mistake and innocently, and acted on by the opposite party, constitute legal fraud.””
    3 later decisions quote this exact passage
  3. “all damages which were [within] the contemplation of the parties or which were either necessary or natural and proximate consequences of the fraud.”
    2 later decisions 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.