Smith v. Hussey’s Empirical Analysis

Citation profile

2 federal appellate · 29 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““But if the promise to sell has been made with the giving of earnest, each of the contracting parties is at liberty to recede from the promise; to wit: he who has given the earnest, by forfeiting it; and he who has received it, by returning the double.” (Italics ours.) C. C. art. 2463.”

   3 later decisions quote this exact passage
   e.g. Terrebonne v. Cheramie · Snyder v. Wilder

2. ““It is argued that the word ‘earnest’ is not used in the contract sued on, and hence that plaintiff presents no case, under the law on thqt subject. But the contract sued on, being a promise of sale, and not a, sale (for otherwise plaintiff would have been entitled, upon its execution, to the possession and revenues of the property), the money advanced by plaintiff to bind it was earnest, under the law, whether the parties so designated it or not, and we find no disagreement, among the French writers, and no conflict, in our jurisprudence, on that point.” Smith v. Hussey, 119 La. 38 , 43 So. 904 .”

   1 later decision quote this exact passage
   e.g. Breaux v. Burkenstock

3. ““A promise to sell amounts to a sale, when there exists a reciprocal consent of both parties, as to the thing and the price thereof.”

   1 later decision quote this exact passage
   e.g. Snyder v. Wilder