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← 66 Wis. 2d 264 - Smith v. Osborn

66 Wis. 2d 264 - Smith v. Osborn’s Empirical Analysis

1974

Citation profile

23
cited by 23 later decisions
2
states following
September 2009
most recently cited

19 state decisions

How this case has been cited

Cited by 23 later decisions — most recently September 2009

19 state decisions

1001974198019902000decided

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 Insurance Company v. Dutcher · 6 Wis. 2d 356 - Builder's Lumber Co. v. Stuart · 29 Wis. 2d 364 - Ivers & Pond Piano Co. v. Peckham · 40 Wis. 2d 33 - Baldwin v. Anderson · 46 Wis. 2d 402 - Hajec v. Novitzke

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

  1. “In determining the [meaning of ambiguous contract language], this court has held that it is proper to consider the conduct of the parties and the negotiations which took place, both before and after the execution of the documents and to consider all related documents of the parties.”
    2 later decisions quote this exact passage
  2. “In Wisconsin, there is no presumption of agency between a husband and wife merely by virtue of the martial relationship. However, the relationship between husband and wife is of such a nature that circumstances, which in the case of strangers would not indicate the creation of authority or apparent authority, may indicate it in the case of husband and wife.”
    1 later decision quote this exact passage
  3. “had knowledge of the negotiations by her husband and made no objections thereto.”
    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.