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← 258 N.C. 150 - Howell v. Smith

Howell v. Smith’s Empirical Analysis

1962

Citation profile

51
cited by 51 later decisions
2
states following
February 2020
most recently cited

3 federal appellate · 46 state decisions

How this case has been cited

Cited by 51 later decisions — most recently February 2020 · most notably Root v. Allstate Insurance Company (1968), Normile v. Miller (1985)

3 federal appellate · 46 state decisions

1401962197019801990200020102020decided

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 Walston v. R. B. Whitley & Co. · Jackson v. Bobbitt · Nix v. English · Prince v. . McRae · N. & W. Overall Co. v. Holmes

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

  1. ““ 'A contract, express or implied, executed or executory, results from the concurrence of minds of two or more persons, and its legal consequences are not dependent upon the impressions or understandings of one alone of the parties to it. It is not what either thinks, but what both agree.’ Prince v. McRae, 84 N.C. 674 ; Overall Co. v. Holmes, 186 N.C. 428 , 119 S.E. 817 , and cases cited; Jackson v. Bobbitt, 253 N.C. 670, 677 , 117 S.E. 2d 806 . “ ‘. . . The undisclosed intention is immaterial in the absence of mistake, fraud, and the like, and the law imputes to a person an intention corresponding to the reasonable meaning of his words and acts. the test of the true interpretation of an offer or acceptance is not what the party making it thought it meant or intended it to mean, but what a reasonable person in the position of the parties would have thought it meant.” Williston on Contracts, Third Edition, Yol. 1, § 94.’ ””
    4 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.