Sperle v. Weigel’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Ordinarily, misrepresentations amounting to fraud which will avoid a contract must relate to past or present facts, and cannot consist of unfulfilled promises or predictions with respect to future events, especially where intent to deceive is absent. ... “One of the essential elements of fraud is that there be a false representation of a material fact which either exists in the present or has existed in the past, and a mere expression of an opinion in the nature of a prophecy as to the happening or nonhappening of a future event is not ac-tionable_” [Citations omitted.]”

   2 later decisions quote this exact passage
   e.g. Golden Eye Resources, LLC v. Ganske · Kary v. Prudential Insurance Co. of America

2. ““When rescission of contract adjudged. — The rescission of a written contract may be adjudged on the application of the party aggrieved: 1. In any of the cases mentioned in section 9-09-02; 2. When the contract is unlawful for causes not apparent upon its face and when the parties were not equally in fault; or 3. When the public interest will be prejudiced by permitting it to stand.””

   2 later decisions quote this exact passage
   e.g. Omlid v. Sweeney · Barker v. Ness

3. “"Rescission — When permitted. A party to a contract may rescind the same in the following cases only: 1. If the consent of the party rescinding or of any party jointly contracting with him was given by mistake or obtained through duress, menace, fraud, or undue influence exercised by or with the connivance of the party as to whom he rescinds or of any other party to the contract jointly interested with such party; 2. If through the fault of the party as to whom he rescinds the consideration for his obligation fails in whole or in part; 3. If such consideration becomes entirely void from any cause; 4. If such consideration before it is rendered to him fails in a material respect from any cause; or 5. By consent of all of the other parties."”

   1 later decision quote this exact passage
   e.g. Omlid v. Sweeney