May v. Getty.’s Empirical Analysis

Citation profile

1 federal appellate · 17 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is now well settled that parties to a written contract may, by parol, rescind or by matter in pais abandon the same. Faw v. Whittington, 72 N.C., [sic] 321; Taylor v. Taylor, 112 N.C., [sic] 27; Holden v. Purefoy, 108 N.C., [sic] 163; Riley v. Jordan, 75 N.C., [sic] 180; Gorrell v. Alspaugh, 120 N.C., [sic] 362. In the case first cited, Bynum, J., for the Court, says: “The contract is considered to have remained in force until it was rescinded by mutual consent, or until the plaintiffs did some acts inconsistent with the duty imposed upon them by the contract which amounted to an abandonment.” Dula v. Cowles, 52 N.C., [sic] 290; Francis v. Love, 56 N.C., [sic] 321. What will amount to an abandonment of a contract is of course a question of law and the acts and conduct which are relied on to constitute the abandonment should be clearly proved, and they must be positive, unequivocal, and inconsistent with the existence of a contract, but when thus established they will bar the right to specific performance. Miller v. Pierce, 104 N.C., [sic] 390; Faw v. Whittington, supra; Holden v. Purefoy, supra... .”

   1 later decision quote this exact passage
   e.g. Fisher v. Misenheimer