Silbernagel v. Silbernagel’s Empirical Analysis
2011
Citation profile
8 state decisions
Relationships
Relies on Hofsommer v. Hofsommer Excavating, Inc. · WFND, LLC v. Fargo Marc, LLC · Riverwood Commercial Park, L.L.C. v. Standard Oil Co. · First National Bank of Crosby v. Bjorgen · Ungar v. North Dakota State University
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The legal operation and effect of a judgment must be ascertained by a construction and interpretation of its terms, and this presents a question of law for the court. If the language used in a judgment is ambiguous there is room for construction, but if the language employed is plain and unambiguous there is no room for construction or interpretation, and the effect thereof must be declared in the light of the literal meaning of the language used.”
1 later decision quote this exact passagee.g. Estate of Harris““[Frustration of purpose ‘occurs when “after a contract is made, a party’s principal purpose is substantially frustrated without his fault by the occurrence of an event the non-occurrence of which was a basic assumption on which the contract was made.” ’ ” [WFND,] at ¶ 18 (quoting Tallackson Potato Co., Inc. v. MTK Potato Co., 278 N.W.2d 417 , 424 n. 6 (N.D.1979)).”
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.