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← 951 SO2D 208 - Cajun Constructors v. Fleming Const. Co.

Cajun Constructors v. Fleming Const. Co.’s Empirical Analysis

2006

Citation profile

8
cited by 8 later decisions
1
states following
May 2017
most recently cited

8 state decisions

Relationships

Applies 40 U.S.C. § 3131

Relies on 653 So. 2d 1152 - Guillory v. Interstate Gas Station · Goldfarb v. Stroller Fisheries, Inc. · Braxton v. GEORGIA-PACIFIC CORPORATION · 419 So. 2d 1 - Pelican Elec. Contractors v. Neumeyer · 762 So. 2d 1223 - L & a CONTRACTING v. Ram Indus. Coatings, Inc.

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.

  1. “The true intent of the parties to a contract is to be determined by the words ■of the contract when they are clear, explicit, and lead to no absurd consequences. LSA-C.C. art. 2046. When the words of a contract are clear and explicit and lead to no absurd consequences, no further interpretation may be made in search of the parties’ intent. LSA-C.C. art. 2046. In such case's, the meaning and intent of the parties to the written contract must be sought within the four comers of the instrument and cannot be explained or contradicted by parole evidence. LSA-C.C.art.1848. Contracts, subject to interpretation from the instrument’s four corners without the necessity of extrinsic evidence, are to be interpreted as a matter of law, and the use of extrinsic evidence is proper only where a contract is ambiguous after an examination of the four corners of the agreement. In cases in which the contract is ambiguous, the agreement shall be construed according to the intent of the parties. Intent is an issue of fact which is to be inferred from all of the surrounding circumstances. A doubtful provision must be interpreted in light of the nature of the contract, equity, usages, the conduct of the parties before and after the formation of the contract, and other contracts of a like nature between the .same parties. LSA-C.C. art. 2053. Whether a- contract is ambiguous or not is a question of law. Where factual findings are pertinent to the interpretation of a contract, those factual findings ar”
    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.