Bray v. Cooper’s Empirical Analysis

Citation profile

4 federal appellate · 14 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. ““Appellants, however, contend the evidence must show a definite contract, the contract must be clearly and certainly established and must be equitable' in its provisions. (Anderson v. Anderson, 75 Kan. 117 , 88 Pac. 743 ; Pantell v. Bower, 104 Kan. 18 , 178 Pac. 241 ; Woltz v. First Trust Co., 135 Kan. 253 , 9 P. 2d 665 .) Concerning these general principles there is no questiqn. The difficulty arises in connection with their application to the particular facts in each individual case. The duty of weighing the evidence and determining its sufficiency primarily is that of the trial court. (Schuler v. Rehberg, supra.) . . . It is deemed unnecessary to review and analyze here the facts in these numerous cases. The principles applicable have been frequently stated and were again discussed in the most recent case of Schuler v. Rehberg, supra. . . . . Appellants urge this type' of case has been recognized as a great temptation for fraud. That is true. As heretofore indicated, however, the trial court is just what the name indicates. It is the trier of the facts, and under the facts in this case we cannot disturb the judgment.” (pp. 646, 648.)”

   1 later decision quote this exact passage · from the majority
   e.g. Popp v. Wilhelm