Morrison v. Farmer’s Empirical Analysis

Citation profile

41 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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ “In the instant case, the agreement between the parties was that the title to the property was' to be taken in the ' name of appellants and no part of the consideration' was ^aid. by appellee. ‘Appellants paid all of the .consideration, . that is, they paid the down payment of $2,500 and executed .notes, for the re-mainer of the put-phase price.-, There-was.no agreement between the parties!that the title was to be taken’ in the .< name of Mrs. Sawtelle or in the name of Mrs. Sawtelle- and her brother. It will thus-be seen that appellant Tolls violated rid agreement with appellee at the - time he - purchased 'the property. He did'breach the agreement with his sister after'he acquired title to the property % ' * *, The agreement she'made with' appellant and hér subsequent actions in carrying out the agreement were no part of the consideration paid the grantor for the deed to appellant. ■*, * * A ..resulting trust arises- by operation ,o| law when title is . conveyed to- one person .but .the purchase price is paid by another. However, 'such a trust arises out of the transaction and must arise at the very time when the title passes." ' The title was ’ not to vest in Mrs. Sawtelle until she had- complied with the agreefaient; The agreement she made with her brother was not a part of'the consideration . paid by him for the .land and does not enter into, the title,” Italics added.”

   2 later decisions quote this exact passage · from the majority
   e.g. Lifemark Corp. v. Merritt · Starr v. Ripley