Ward Jr. v. Etier’s Empirical Analysis

Citation profile

47 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Ward’s refusal to carry out his agreement to lease the building for a term of two years and Etier’s payment of ‘some twelve or fourteen hundred dollars more than the property was worth disconnected from the garage as a going concern’ and the making of improvements as stated in question No. 2, all in reliance upon the composite contract made among the three men, and not in reliance upon an independent and separate contract from that in which the payment was made, was such fraud upon Etier as was connected directly with the contract, arose out of it, and was strictly referable to it, and was therefore sufficient when added to payment of rents and possession by the lessee to relieve the lease feature of the contract from the effect of the statute of frauds,” citing among other cases Ann Berta Lodge v. Leverton, 42 Texas 18 , and Hooks v. Bridgewater, 111 Texas 122 , 229 S. W. 1114 .”

   1 later decision quote this exact passage · from the majority
   e.g. Maloy v. Wagner

2. ““Did the purchase by the appellee, in reliance upon and in performance of the parol lease, of the property, paying therefor much more than its real value, disconnected from the business as a going concern, with knowledge on the part of appellants that the purchase was made in reliance on the performance by appellants of the lease; making valuable improvements to the furniture and fixtures necessary for the profitable management of the garage, some of which were cemented in the sidewalk, and some attached to the building, but adding nothing to the permanent value of the premises except for use as a garage, create such equities, in connection with possession of the premises given by appellants and the acceptance of six months rent, as entitle appellee to specific performance of the varbal lease?””

   1 later decision quote this exact passage · from the majority
   e.g. Maloy v. Wagner