Central Trust Co. v. Wabash, St. L. & P. Ry. Co.’s Empirical Analysis

Citation profile

4 federal appellate ·

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

1. ““The agreement being executory, the practical construction adopted by the parties thereto, and by their successors, during a period of several years, Is entitled to great, if not' controlling, influence in determining what is the proper interpretation of the same, as was held in Topliff v. Topliff, 122 U. S. 121 , 7 Sup. Ct. 1057 , 30 L. Ed. 1110 , and Chicago v. Sheldon, 9 Wall, 54 , 19 L. Ed. 594 . It is well understood that the practical construction of a contract adopted by the parties thereto will not control or override language that is so plain as to admit of no controversy as to its meaning. In all such eases the intent of the parties must be determined by the language employed rather than by their acts; but if the language employed is of doubtful import, or if the contract contains no provisions on a given point, or if it fails to define with certainty the duties of the parties with respect to a particular matter or in a given emergency, then beyond all question it is proper to consider how the parties have construed the instrument with respect to such debatable points. If both parties to an agreement for a considerable period, and while free to act, treat a contract as imposing certain duties or obligations, such conduct ought to settle the construction of the instrument if its provisions with reference to such, matters are to any extent uncertain, obscure, or incomplete. ‘A construction of a contract adopted and acted upon by both parties will be regarded as worked”

   1 later decision quote this exact passage
   e.g. Cook v. Foley