Colvin v. Butler’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In 2 Warvelle on Vendors (2d Ed.) § 826, it is said: ‘It has been held in some of the earlier cases that an agreement to rescind is as much an agreement concerning land as the original contract, and hence should be in writing; but all the later cases, both in England and the United States, are unanimous in affirming that a contract in writing, and by law required to be in writing, may in equity be rescinded by parol, and this even though the contract may have been under seal. Such rescission may be effected, not only by an express agreement, but by any course of conduct clearly indicating a mutual assent to the termination or abandonment of the contract. It may consist either of words or acts, and all the circumstances attending the transaction may be shown to prove intention; but if evidenced by acts alone they must be such as leave no doubt as to such intention.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. Gaido v. Tysdal

2. ““It is a rule announced in a number of cases that a parol discharge of a contract for the sale of land is valid.””

   1 later decision quote this exact passage · from the majority
   e.g. Gaido v. Tysdal