Cohen v. Jackoboice’s Empirical Analysis

Citation profile

1 federal appellate · 18 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In this we think the court erred. There is no ambiguity in this instrument. It is an order to insert an advertisement, to occupy a given space, for a given period, at a given price, and specifies when the price agreed upon shall be paid. It contains all the iudicia of a contract, except that it was not executed by both parties. Defendant does not attempt to supply an omission in the instrument. He does not undertake to show any fraud or misrepresentation in matters of inducement. Although this instrument directs a publication for twelve months, he was allowed to show that he reserved the right, in case the advertisement did not suit, to discontinue it at any time. In other words, he was allowed to show by parol that he reserved a right inconsistent with the plain and express provisions of an instrument, which could have no oilier office than as a. contract, to be made effectual upon acceptance, and needing only such acceptance to give it all the force and effect of a contract. Suppose it hid been written out by defendant, but it had not been signed by him, but had been delivered with like intent. There is no question of the statute of frauds here.””

   1 later decision quote this exact passage
   e.g. Reid v. Diamond Plate-Glass Co.

2. ““Please insert my advertisement in the Lumber Worker, twelve months, to occupy y8 space, for which we agree to pay you the sum of $24, payable quarterly. ' Joseph Jackoboice.””

   1 later decision quote this exact passage
   e.g. Reid v. Diamond Plate-Glass Co.