Wilburn v. Interstate Electric’s Empirical Analysis
1988
Citation profile
2 federal appellate · 1 district · 31 state decisions
How this case has been cited
Cited by 35 later decisions — most recently August 2014 · most notably Armijo v. Prudential Insurance Co. of America (1995), West Valley City v. Majestic Investment Co. (1991)
2 federal appellate · 1 district · 31 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 Utah Department of Administrative Services v. Public Service Commission · Allen v. Industrial Commission · Kimball v. Campbell · Seashores Inc. v. Hancey · B.Y. University v. Ind. Com. of Utah
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[The doctrine of construing ambiguities in a contract against the drafter functions as a kind of tie-breaker, used as a last resort by the fact-finder after the receipt and consideration of all pertinent extrinsic evidence has left unresolved what the parties actually intended.”
3 later decisions quote this exact passage“'are ordinarily not preceded by discussion or negotiation of specific terms and, thus, absent meaningful extrinsic evidence as to intent, recourse must be had directly to the maxim that ambiguities should be construed against the drafter.’ ” Id. at ¶ 8 (quoting Wilburn, 748 P.2d at 585 n. 2). As noted above,”
2 later decisions quote this exact passage“Onee a contract is deemed ambiguous, the next order of business is to admit extrinsic evidence to aid in interpretation of the contract. It is only after extrinsic evidence is considered and the court is still uncertain as to the intention of the parties that ambiguities should be construed against the drafter.”
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.