Nauman v. Powers’s Empirical Analysis

Citation profile

11 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. ““From the petition it is clear that on the same day the memorandum denominated ‘Contract for sale of walnut timber’ was executed, and as a part of the same transaction, plaintiff executed and delivered to defendant his check for $100, which the memorandum recites was to be paid that day. This check was made payable to defendant and recites that it is the first payment on all walnut timber ‘in his grove south (of) Centropolis.’ It is well settled that the memorandum, to be sufficient under the statute, may consist of two or more papers, and it is not essential that each of them be signed by the party to be charged, if the one signed refers to the other. (Restatement, Contracts, § 208 [b] [ii.] This is in accord with the authorities relied upon by appellant, above cited. There are many other authorities to the same effect.” (p. 643.)”

   1 later decision quote this exact passage · from the majority
   e.g. Vining v. Ledgerwood

2. ““No action shall be' brought whereby to charge a party . . . upon any contract for the sale of lands, tenements or hereditaments, or any interest in or concerning them . . . unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith or some other person thereunto by him or her lawfully authorized in writing.””

   1 later decision quote this exact passage · from the majority
   e.g. Vining v. Ledgerwood