Gypsy Oil Co. v. Marsh’s Empirical Analysis

Citation profile

15 federal appellate · 66 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 84 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “are: First, there must be a false representation or concealment of facts. Second, it must have been made with knowledge, actual or constructive, of the real facts. Third, the party to whom it was made must have been without knowledge, or the means of knowledge, of the real facts. Fourth, it must have been made with the intention that it should be acted upon. Fifth, the party to whom it was made must have relied on or acted upon it to his prejudice. * * *'”

   1 later decision quote this exact passage
   e.g. Cedar Creek Oil & Gas Co. v. Fidelity Gas Co.

2. ““It has been generally held that ‘paying quantities,’ when used in this connection, means paying quantities to the lessee. If a well pays a profit, even small, over operating expenses, it produces in paying quantities, though it may never repay its costs, and the enterprise as a whole may prove unprofitable. Ordinarily, the phrase is to be construed with reference to the operator, and by his judgment when exercised in good faith.””

   1 later decision quote this exact passage
   e.g. Garcia v. King

3. “a court of equity has jurisdiction to settle the validity and priority of oil and gas leases between contesting lessees, where such leases have been executed by a common landowner.”

   1 later decision quote this exact passage
   e.g. BASE v. DEVON ENERGY PRODUCTION