Lewis v. Clark’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]hat which constitutes a reasonable time is a question of fact or, at least, a mixed question of law and fact and depends upon the circumstances surrounding the case to which the principle is sought to be applied. What would be a reasonable time in one case might be wholly inadequate to shut off the rights of parties in a different case or under different circumstances.”

   2 later decisions quote this exact passage
   e.g. Gawerc v. Montgomery County · Vermillion v. Fidel

2. ““ * * * ‘such length of time as may fairly and properly and reasonably be allowed or required, having regard to the nature of the act or duty and to the attending circumstances; that time which as rational men the parties to a contract ought to have understood each other to have in mind; that time which preserves to each party the rights and advantages he possesses and protects each party from losses that he ought not to suffer.’ ””

   1 later decision quote this exact passage
   e.g. Vermillion v. Fidel

3. ““ * * * ‘forfeitures are looked upon with disfavor by the courts, and that the party to a contract claiming the benefit of a forfeiture clause must clearly show that the contract has been breached by the other party in the particular manner providing for a forfeiture.’ Gulf Production Co. v. Cruse, Tex.Com.App., 271 S.W. 886 .””

   1 later decision quote this exact passage
   e.g. Vermillion v. Fidel