Gaines v. Durham’s Empirical Analysis

Citation profile

1 federal appellate · 2 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Whenever the main purpose and object of the promisor is not to answer for another, but to subserve some pecuniary or business purpose of his own, involving either a benefit to himself, or damage to the other contracting party, his promise is not within the statute, although it may be in form a promise to pay the debt of another, and although the performance of it may incidentally have the effect of extinguishing that liability.”

   1 later decision quote this exact passage · from the majority
   e.g. Dewitt Truck Brokers, Inc. v. W. Ray Flemming Fruit Co.

2. “Besides, if there had been any force in the position, it should have been urged upon a request to charge or a motion for a new trial, neither of which was done.”

   1 later decision quote this exact passage · from the majority
   e.g. Terry Packing Co. v. Southern Express Co.