Henry v. Powers’s Empirical Analysis
1969
Citation profile
11 state decisions
How this case has been cited
Cited by 13 later decisions — most recently March 2016
11 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 Lewis v. East Texas Finance Co. · Edds v. Mitchell, Admr. · Rio Bravo Oil Co. v. Weed · James Stewart & Co. v. Law · Krueger v. Williams
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In First National Bank v. Rush, 210 S.W. 521 (Tex.Com.App.1919), it was held that a contract apparently unambiguous would be subject to construction if ambiguity appeared when read in the light of the situation of the parties and the circumstances as they then existed. The court quoted extensively from the case of Klueter v. Joseph Schlitz Brewing Co., 143 Wis. 347 , 128 N.W. 43 , 32 L.R.A.,N.S., 383, a portion of which reads; ‘ * * * The words of a contract, in themselves, may be plain, yet when applied to the situation with which it deals, not plain, the literal sense leading to such unreasonableness as to suggest that the parties probably did not so intend. * *”
1 later decision quote this exact passage““No principle of interpretation of contracts is more firmly established than that great, if not controlling, weight should be given by the courts to the interpretation placed upon a contract of uncertain meaning by the parties themselves. Courts rightfully assume that parties to a contract are in the best position to know what was intended by the language employed.” James Stewart & Co. v. Law, 149 Tex. 392 , 233 S.W.2d 558 (1950).”
1 later decision quote this exact passage“evidence of declarations of the parties made out of court as to their intentions as to future writings (such as instructions given for drafting deeds or wills)”
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.