MOWRY v. McWherter’s Empirical Analysis
1950
Citation profile
2 district · 53 state decisions
How this case has been cited
Cited by 61 later decisions — most recently September 2013 · most notably United Refining Co. v. Jenkins (1963), 360 Pa. Super. 597 - Sparler v. Fireman's Insurance Co. of Newark (1987)
2 district · 53 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 Percy A. Brown & Co. v. Raub · Davison v. Von Lingen · McMillin v. Titus · Commonwealth v. Brown · Ottman v. Nixon-Nirdlinger
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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““2. Upon the demise of either of said parties the survivor of them shall immediately become the owner of all of the outstanding stock of said company with the option to pay for the same by either of the following methods: (a) By guaranteeing in writing to the widow of such deceased party or his heirs an annuity of at least $150.00 per month for a period of 15 years beginning one month from the date of the death of such deceased party, (b) By paying to the widow of such deceased party or his personal representative 33-1/3% of the net worth of the real and personal property of the said company as of the preceding December 31st. “8. If Option No. a is adopted by such survivor, he may at any time terminate the plan during said period of 15 years by paying to the widow or personal representative of such deceased party 40% of the net worth of the company as of December 31st preceding the death of said deceased party less the amount already paid to such deceased party’s widow or heirs. “4. The surviving party shall have a period of one year after the death of such deceased party to select the plan which he proposes to adopt, but in order that said widow may have an income during said period of one year said payments of $150.00 per month shall start one month after the date of the death of said deceased party and continue until the survivor has transmitted to the widow or personal representative of such deceased party in writing the information as to which plan he has elected to adop”
1 later decision quote this exact passagee.g. Mowry v. McWherter“It is [a] well settled doctrine that a contract must be construed as a whole, and the intention of the parties is to be collected from the entire instrument and not from detached portions, it being necessary to consider all of its parts in order to determine the meaning of any particular part as well as of the whole. Individual clauses and particular words must be construed in connection with the rest of the agreement, and all parts of the writing, and every word of it, if possible, will be given effect. 13 C.J. § 486, p. 525, 17 C.J.S., Contracts, § 297; Stewart’s Administrators v. Lang, 37 Pa. 201 , 78 Am. Dec. 414 ; Berridge v. Glassey, 112 Pa. 442 , 3 A. 583 , 56 Am.Rep. 322 ; McMillin v. Titus, 222 Pa. 500 , 72 A. 240 ; Knickerbocker Trust Co. v. Ryan, 227 Pa. 245 , 75 A. 1073 .”
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.