Brigham v. Carpenter’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Not only were the services admittedly performed, but the defendant offered to confess judgment for $1,146. How then could the court instruct the jury to return a verdict for defendant? He seems to think that since the plaintiff failed to establish the implied contract and his consequent right to the customary commission, he is not entitled to any commission — not even the amount defendant admitted to be due and for which sum he offered to confess judgment. The court cannot follow the subtlety of this argument. We recognize, of course, that an action on an implied contract is not established by the proof of an express contract, nor vice versa; but while the petition in this case declared upon an implied contract, the answer and reply both brought into the case the issue of an express contract (Conaway v. Gore, 24 Kan. 389 ), and the issues as made up permitted oí a recovery upon either an implied contract or an express contract. (Berry v. Craig, 76 Kan. 345, 346 , 91 Pac. 913 ; Templeton v. Biegert, 79 Kan. 638, 642 , 100 Pac. 654 ; Wiley v. Locke, 81 Kan. 143, 145 , 105 Pac. 11 .)””

   1 later decision quote this exact passage · from the majority
   e.g. In Re Estate of Fitzroy