Cunningham v. Hall’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The words “one dwelling home” or “single dwelling house,” as used in a deed restricting construction, indicate a manifest intent that a residence erected should be limited in design to the accommodation of a single family, precluding the erection of a single building containing three wholly distinct apartments. Lebo v. Fitton, 71 Ohio App. 192 , 41 N.E.2d 402,403 . In that case the court, in giving a strict construction to the restriction, held: “If the position of the defendants is correct that the restriction applies only to the number of residences and not to the number of accommodations therein for separate families, a twenty story apartment building could be erected upon the premises. If two families can occupy the residence without violation of the restriction, then one hundred families [can] do so. Such is not the obvious intention of the parties.” In Harris v. Roraback, 137 Mich. 292 , 100 N.W. 391 , the court construed the clause, “ * * * will not occupy said premises except for one dwelling house to each lot,” to mean: “When the parties agreed not to occupy said premises, ‘except for one dwelling house,’ they obviously intend ed to agree, and they did therefore agree, that no building should be thereon erected which could not be described as one dwelling house in the sense in which the words are ordinarily used— and we must presume these words to be used in that ordinary sense—a building planned and designed for two or more dwellings cannot properly be described as ”

   1 later decision quote this exact passage · from the majority
   e.g. Nepveaux v. Linwood Realty Co.