Carrel v. Lux’s Empirical Analysis

Citation profile

4 district · 83 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 97 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) a representation; 30 (2) its falsity; (3) the materiality of representation; (4) the speaker's knowledge of its falsity or ignorance of its truth; 31 (5) his intent that it be acted upon and in a manner reasonably contemplated; (6) the hearer's ignorance of its falsity; (7) his reliance on its truth; (8) his right to rely thereon, and (9) his consequent and proximate injury.”

   7 later decisions quote this exact passage
   e.g. Staheli v. Kauffman · Davis v. First Nat. Bank of Arizona

2. “"[O]n a sale of land by its legal description, or other specific description by which its boundaries are made certain, for a sum in gross, the boundaries will control in case of a discrepancy as to quantity, and ... such a sale in gross affords no remedy to the grantor or the grantee for an excess or deficiency unless such excess is so great as to raise a presumption of fraud." [Emphasis added.]”

   2 later decisions quote this exact passage
   e.g. Parcel v. Myers · Cedar Lane Ranch, Inc. v. Lundberg

3. ““A contract of sale by the acre is one wherein a specified quantity is material. Under such a contract the purchaser does not take the risk of any deficiency and the vendor does not take the risk of any excess. The contract of sale by the tract or in gross is one wherein boundaries are specified, but quantity is not specified, or if specified, the existence of the exact quantity specified is not material; each party takes the risk of the actual quantity varying to some extent from what he expects it to be.””

   1 later decision quote this exact passage
   e.g. Parcel v. Myers