45 N.C. App. 116 - Bowman v. Hill’s Empirical Analysis

Citation profile

5 state decisions

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

1. “One of the elements of a valid contract is a promise, which has been defined as an assurance that a thing will or will not be done. ... An apparent promise which, according to its terms, makes performance optional with the promisor no matter what may happen, or no matter what course of conduct in other respects he may pursue, is in fact no promise. Such an expression is often called an illusory promise.”

   1 later decision quote this exact passage
   e.g. Banyan GW, LLC v. Wayne Preparatory Acad. Charter Sch., Inc.

2. “[w]hen we give the ordinary and usual meaning to the words of the contract-desire and desirous-it is apparent that they express a wish or request. Certainly, they do not carry the thrust of a promise to do or refrain from doing anything with regard to the remaining property. There [wa]s no expressed obligation to develop the property at anytime.”

   1 later decision quote this exact passage
   e.g. 242 N.C. App. 521 - Odom v. Kelly

3. “language of [this] contract is plain and unambiguous [regarding Lee's promise to repay the loan], the construction of the agreement is a matter of law; and [we] must construe the contract as written, in the light of the undisputed evidence as to the custom, usage, and meaning of its terms.”

   1 later decision quote this exact passage
   e.g. 242 N.C. App. 521 - Odom v. Kelly