Public-domain · open source
OpenJurist
← 343 SO2D 431 - Maxwell v. Bernard

Maxwell v. Bernard’s Empirical Analysis

1977

Citation profile

4
cited by 4 later decisions
1
states following
December 1994
most recently cited

4 state decisions

Relationships

Relies on Hickman Ex Rel. Iles v. Southern Pacific Transport Co. · Amyx v. Henry & Hall · 313 So. 2d 286 - Neel v. O'QUINN · Neel v. O'Quinn · Nichols Ford Company, Inc. v. Hughes

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

  1. “"Our Courts have long held that any obscure provision present in a written contract must be construed against the party preparing the agreement. See Hebert v. Briley, 295 So.2d 607 (La.App. 3rd Cir.1974), writ refused, 300 So.2d 181 (La. 1974); Succession of Cormier, 80 So.2d 571 (La.App. 1st Cir.1955), and Ernest A. Carrere's Sons v. Rumore, 52 So.2d 57 (La.App.Orl.1951)...."”
    1 later decision quote this exact passage
  2. “"But if the doubt or obscurity arise for the want of necessary explanation which one of the parties ought to have given, or from any other negligence or fault of his, the construction most favorable to the other party shall be adopted, whether he be obligor or obligee."”
    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.