Barnum v. White’s Empirical Analysis

Citation profile

1 district · 10 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““* * * a written contract may be reformed where there has been an actual agreement between the parties and their minds have met on the terms which they intended the writing to express, and where the writing in fact fails to express those terms, and such failure was due to mutual mistake, or to mistake on one side and fraud or inequitable conduct on the other. St. Anthony Falls Water Power Co. v. Merriman, 35 Minn. 42 , 27 N. W. 199 ; Fritz v. Fritz, 94 Minn. 264 , 102 N. W. 705 . To justify a court in reforming a written contract upon oral testimony, the essential facts must be proved by evidence that is clear, unequivocal and convincing. Something more than a mere preponderance of evidence is required.””

   2 later decisions quote this exact passage
   e.g. Johnson v. Giese · Gartner v. Gartner

2. ““ .... Whatever may be the meaning of the term ‘proceeds’ as ordinarily used, we are clear that the use of that term could not require that there be deducted from plaintiff’s share any expense which the contract by its other terms required defendants to pay. ’ ’”

   1 later decision quote this exact passage
   e.g. Furst & Thomas v. Elliott