Bohn v. Johnson’s Empirical Analysis
1985
Citation profile
22 state decisions
How this case has been cited
Cited by 22 later decisions — most recently May 2021
22 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 Inupiat Community of the Arctic Slope v. Atlantic Richfield Co. · 21 Cal. 3d 303 - Kirsch v. Duryea · Woodruff v. Tomlin · 48 Wis. 2d 528 - Denzer v. Rouse · 92 Wash. 2d 854 - Walker v. Bangs
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘. If the parties’ intentions can be ascertained from the writing alone, without reference to extrinsic evidence, then the interpretation of the contract is entirely a question of law, ... But, if the parties’ intentions cannot be determined from the writing alone and reference must be made to extrinsic evidence, then those questions in regard to which extrinsic evidence is adduced are questions of fact to be determined by the trier of fact.’ [quoting from Sorlie v. Ness, 323 N.W.2d 841, 844 (N.D.1982)] “Thus, a determination that a written agreement is ambiguous and the parties’ intentions cannot be determined from the writing alone does not end the inquiry as to the meaning of the agreement. A determination of ambiguity is but the starting point in the search for the parties’ ambiguously expressed intentions, which are questions of fact to be determined with the aid of extrinsic evidence.””
3 later decisions quote this exact passage““ ‘... Beyond the small circle which contains parties and privies, a judgment in personam is evidence only of the fact that such a judgment has been rendered. It cannot be used to prove any other fact which it establishes as between the parties to the judgment.’ ” Bohn v. Johnson, supra, 371 N.W.2d at 786 (quoting Tierney v. Phoenix Ins. Co., 4 N.D. 565 , 62 N.W. 642, 643 (1895)).”
1 later decision quote this exact passage““For the breach of an obligation not arising from contract, the measure of damages, except when otherwise expressly provided by law, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not.””
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.