32 N.C. App. 46 - Parker v. Bennett’s Empirical Analysis
1977
Citation profile
18 state decisions
How this case has been cited
Cited by 18 later decisions — most recently June 2016
18 state decisions
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 Kessing v. National Mortgage Corporation · Page v. Sloan · Neal v. Marrone · Fox v. Southern Appliances, Inc. · Keith v. Wilder
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““On the motion for summary judgment, if the material offered by defendants in support of their motion fails to affirmatively negate any one or more of the essential elements of fraud they have failed to bear the burden of ‘clearly establishing the lack of any triable issue of fact by the record properly before the court.’ ” Parker v. Bennett, supra at 54, 231 S.E. 2d at 15 .”
1 later decision quote this exact passage“[A]n action for fraud inducing the execution of a contract is not on the contract but in tort, and the rule that prior negotiations are merged in the writing does not apply. Therefore, we feel that allegations and evidence as to prior negotiations are competent when relevant to the question of fraudulent intent or deception.”
1 later decision quote this exact passage“parol evidence is admissible to show that a written contract was procured by fraud, for the allegations of fraud challenge the validity of the contract itself, not the accuracy of its terms – the instrument itself, on the issue of fraud, is the subject of dispute.”
1 later decision 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.