DeVore v. Weyerhaeuser Company’s Empirical Analysis

Citation profile

2 federal appellate · 6 state decisions

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

1. “"(1) An oral agreement is not superseded or invalidated by a subsequent or contemporaneous integration, nor a written agreement by a subsequent integration relating to the same subject-matter, if the agreement is not inconsistent with the integrated contract, and "(a) is made for separate consideration, or "(b) is such an agreement as might naturally be made as a separate agreement by parties situated as were the parties to the written contract."”

   3 later decisions quote this exact passage
   e.g. Corporation v. Integrated Resources Inc · Pio v. John B. Gilliland Construction, Inc.

2. “"If this were the correct rule, without any further limitations, evidence could always be offered of any prior or contemporaneous oral agreement and in all cases the question whether the parties intended to supersede such an oral agreement by the integration of their entire agreement into the terms of the written contract would be a question of fact which must always be submitted to the trier of the facts, whether court or jury. It may be said, however, with some justification, that the adoption of such a rule, without any limitations, would emasculate, if not `repeal,' the parol evidence rule, which is a rule adopted by statute in Oregon, as in many other states." 265 Or. at 400-01 , 508 P.2d at 225-226 (footnote omitted).”

   2 later decisions quote this exact passage
   e.g. Pio v. John B. Gilliland Construction, Inc. · Hatley v. Stafford

3. “"* * * Parties may enter into two or more contemporaneous contracts relating to the same subject matter, and they may reduce to writing only one or more of the same, the oral contracts being regarded as collateral to and distinct from the written contract. In such an instance, the parol evidence rule does not bar proof of the oral agreement. 70 A.L.R. 752 , 756-57. In determining the intent between parties to make an integrated contract, the general rule has been adopted that the surrounding circumstances, as well as the written contract, may be considered. 70 A.L.R. 752 , 761. This court has now adopted the surrounding circumstances approach, and we no longer look only to the face of the written contract to determine the intent of the parties. `Whether the parties intended to integrate their agreement in the writing is a question of fact in each case.' * * *."”

   1 later decision quote this exact passage
   e.g. Pio v. John B. Gilliland Construction, Inc.