118 Cal. App. 145 - Lehman v. Newcomer’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. ““The provisions of section 360 of the Code of Civil Procedure that no acknowledgment or promise is sufficient evidence of a new or continuing contract, by which to take the case out of the operation of the statute of limitations ‘unless the same is contained in some writing, signed by the party to be charged thereby,’ as was stated in Lehman v. Newcomber, 118 Cal.App. 145, 147 [ 4 P.2d 994 ]: ‘have for their object, and effect, the establishment of “a rule not with respect to the character of the promise or acknowledgment from which a promise may be inferred, but with respect to the kind of evidence by which the promise or acknowledgement shall be proved.” . . . Ex trinsic evidence to make certain the reference in such a writing, is proper. [Citing authorities.]’ . . . “ ‘If one of the series of papers which appear to have some relation to the same matter is signed by the party to be charged, this is enough, as all the papers are to be considered together as forming one contract or memorandum. There is no doubt, also, that parol evidence is admissible to identify any paper referred to.’ ””

   1 later decision quote this exact passage
   e.g. 81 Cal. App. 2d 1 - Bank of America National Trust & Savings Ass'n v. McRae