113 F. Supp. 411 - Rhoads v. Leonard’s Empirical Analysis

Citation profile

2 federal appellate · 1 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * ‘Obviously, in the instant case, a return of the consideration by the plaintiff is impossible. The mortgagees have foreclosed their mortgages on the equipment in question. However, the Court believes the facts in the case at bar justify an application of an exception to the general rule of law regarding rescissions. “The plaintiff acted as promptly as the case would permit upon discovering the extent of the defendant’s misrepresentations and made every effort to make her position clear to the defendant and to enable the defendant to act swiftly and avoid loss. ****** “Patently, rescission appears harsh in the case at bar inasmuch as the defendant cannot possibly be returned to the position occupied by him prior to the agreement in question. Although the Court frowns upon a situation where the rescission of a contract leaves one party * * * in a position of great loss, such a disposition is proper under the presented facts. Certainly, the plaintiff should not suffer for a loss brought on directly by the defendant’s fraudulent misrepresentations and actions.’ ” 366 F.2d at 520, 521 .”

   1 later decision quote this exact passage · from the majority
   e.g. Jennings v. Lee

2. “This Court recognizes that generally in order to rescind a contract the parties must be returned to their original positions and that the one seeking such rescission must not only rescind promptly upon discovering that a fraud was perpetrated but must return or tender the consideration received. 20”

   1 later decision quote this exact passage · from the majority
   e.g. Delta Investing Corp. v. Moore