Topliff v. Topliff’s Empirical Analysis

Citation profile

67 federal appellate · 10 district · 44 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 165 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]n cases where the language used by the parties to the contract is indefinite or ambiguous, and, hence, of doubtful construction, the practical interpretation by the parties themselves is entitled to great, if not controlling, influence____[I]n an exec-utory contract, ... where its execution necessarily involves a practical construction, if the minds of both parties concur, there can be no great danger in the adoption of it by the court as the true one.”

   4 later decisions quote this exact passage · from the majority
   e.g. Leete v. Pacific Mill & Mining Co. · Causten v. Barnette

2. ““In this ease the court holds that the contract made by the parties in 1870, is still in force, and that under its terms, the appellee is entitled to make use of the combinations covered by the patent to John A. Topliff, one of the appellants, of August 24, 1875, without the payment of royalty, and without being charged with liability as an infringer.””

   1 later decision quote this exact passage
   e.g. Topliff v. Topliff

3. ““ The second proposition of the appellants is ‘ that if the contract set up in the answer is in force, it does not secure to the appellee the right to the use of the improvement covered by the patent sued on.””

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