62 N.C. App. 701 - Shutt v. Butner’s Empirical Analysis

Citation profile

17 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The parties [sic] obligation to sell the property and divide the proceeds was explicit and without ambiguity; nor was it contingent upon either party being alive when the time to sell came or anything else. The agreement to sell and divide was absolute and unequivocal; only the time was uncertain and that was clearly ascertainable from the terms used. Nor were the defendant’s obligations under the contract terminated by the death of the other contracting party. New contracts are terminated by death in the absence of explicit provisions therein to the contrary. This is because all know that unexpected and untimely death is a constant possibility and are deemed to make their contracts in light thereof, and also because most contracts can be satisfactorily performed by personal representatives. 17A C.J.S., Contracts § 465. [T]he parties themselves, leaving nothing to chance or the law’s operation, had their agreement to provide that: ... this Judgment shall be enforceable against the parties, their personal representatives, heirs and assigns. Having so contracted, the defendant is bound thereby.”

   1 later decision quote this exact passage
   e.g. 67 Md. App. 499 - Bruce v. Dyer