Bensley v. Atwill’s Empirical Analysis

Citation profile

1 federal appellate · 3 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Courts do not make contracts for men. They are supposed to be able to make contracts for themselves; and wo do not see, if a man chooses to bind himself to pay money on a particular event why he may not, also, as well give character to that event, and mark and describe it, and hold himself only bound by or after the event so defined; or, in other words, why, if he were only bound, upon eviction of his grantee, to pay money, he may not, by express agreement, limit the obligation to an eviction after reasonable notice to him. * * * “Nor does it matter of what value this notice was to the defendant, or whether it was of any value. In a Court of law, effect is to bo given to the bargain according to its terms, and Courts of law cannot speculate upon the weight attached to one or another of the elements of a.n obligation. The defendant bound himself only in a given way, and can be held only by the bargain he made, at least in the form of this action.””

   1 later decision quote this exact passage · from the concurrence
   e.g. Union Indemnity Co. v. Lang