Sullivan v. McCarthy’s Empirical Analysis

Citation profile

3 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. “"Rule 9(c) R.C.P. Colo. . . . permits a plaintiff to plead generally the performance of all conditions. If an adverse party denies the performance of any such conditions the rule requires that such denial `shall be made specifically and with particularity.' Thus specific issues are framed, and the plaintiff, while obligated to establish the performance of those conditions within the framed issues, is under no obligation to prove the performance of conditions other than those with reference to which defendant has specifically alleged failure to perform."”

   1 later decision quote this exact passage · from the majority
   e.g. 39 Colo. App. 545 - Rich's Restaurant v. McFann Enterprises, Inc.

2. “"In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. A denial of performance or occurrence shall be made specifically and with particularity, and when so made the party pleading the performance or occurrence shall establish on the trial the facts showing such performance or occurrence."”

   1 later decision quote this exact passage · from the majority
   e.g. 39 Colo. App. 545 - Rich's Restaurant v. McFann Enterprises, Inc.