Withroder v. Elmore’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “.“In such a situation as that here presented the relation of the parties are as declared in the course of an opinion, the following portion of which has been often quoted with approval by courts and text writers: 'Any man or number of men, who are the owners of any kind of property, real or personal, may form a partnership or association with others, and sell that property to the association at any price which may be agreed upon between them, no matter what it may have originally cost, provided there be no fraudulent misrepresentation made by the vendors to their associates. They are not bound to disclose the profits which they may realize by the transaction. They were in no sense agents or trustees in the original purchase, and it follows that there is no confidential relation between the parties which affects them with any trust. It is like any other case of vendor and vendee. They deal at arm’s length. Their partners are in no better position than strangers. They must exercise their own judgment as to the value of what they buy.’ (Densmore Oil Co. v. Densmore, 64 Pa. St. 43, 49, 60, quoted in 1 Fletcher’s Cyclopedia Corporations, § 138, p. 291, and in cases there cited; also in Elliott on Private Corporations, 4th ed., § 54, and 1 Clark and Marshall’s Private Corporations, § 1105, p. 330.)” (p. 450.)”

   1 later decision quote this exact passage · from the majority
   e.g. Murray v. Close