Spragins v. . White’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Where a contract is wholly in Writing, and the intention of the framers is by law to be collected from the document itself, then' the entire construction of the contract, that is, the ascertainment of the intention of the parties as well as the effect of that intention, is a pure question of law, and the whole office of the jury is to pass on the existence of the alleged written agreement. Where the contract is by parol, that, is, oral, the terms of the agreement are of course a matter of fact, and if those terms be obscure, or equivocal or are susceptible of explanation from extrinsic evidence it is for the jury to find also the meaning of the terms employed; but the effect of a parol agreement, when its terms are given and their meaning fixed, is as much a question of law as the construction of a written agreement.””

   1 later decision quote this exact passage
   e.g. Manti City Savings Bank v. Peterson

2. “2 “The terms of an oral contract must necessarily he .ascertained; from the testimony of the witnesses, and it is the duty of the court to instruct the jury as to the law applicable to the various phase» asising upon such testimony. But where the court presents to the jury a particular view of the facts, and this embodies the terms of a contract which are in themselves precise and explicit, the court should declare their legal effect, and it would be-error to leave this to be determined by the jury. In such a case-the rule is the same as if the contract were in writing.””

   1 later decision quote this exact passage
   e.g. Bailey v. Spalding-Livingston Investments Co.