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← 250 N.C. 640 - Tomberlin v. Long

Tomberlin v. Long’s Empirical Analysis

1959

Citation profile

34
cited by 34 later decisions
1
states following
September 2025
most recently cited

32 state decisions

How this case has been cited

Cited by 34 later decisions — most recently September 2025 · most notably Wilson v. McClenny (1964), Whittaker General Medical Corp. v. Daniel (1989)

32 state decisions

8019591960197019801990200020102020decided

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 Commercial National Bank of Charlotte v. Charlotte Supply Co. · Turner v. Turner · 90 Ga. App. 438 - Williams v. Gottlieb · Growers Exchange, Inc. v. . Hartman · Walters v. . Rogers

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

  1. ““In this connection ‘Novation may be defined as a substitution of a new contract or obligation for an old one which .is thereby extinguished * * The essential requisites of a novation are a previous valid obligation, the agreement of all the parties to the new contract, the extinguishment of the old contract,. and the validity of the new contract * * *.’ 66 C.J.S. Novation Secs. 1 and 3. “ ‘Novation implies the extinguishment of one obligation by the substitution of another.' (Citations omitted). “ ‘Ordinarily,’ as stated in Growers Exchange v. Hartman, 220 N.C. 30 , 16 S.E. 2d 398 , in opinion by Devin, J., later C.J., ‘in order to constitute a novation the transaction must have been so intended by the parties’.””
    5 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.