Killebrew v. Murray’s Empirical Analysis

Citation profile

4 federal appellate · 2 district · 53 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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““But whether it be denominated an executed or an executory contract, it is manifestly lacking in mutuality. It obligates the lessor, in unequivocal language, to continue the lease for 10' years, all the while holding the leased premises in readiness for the lessee’s mining operations, but gives her no right to terminate the lease, to compel the lessees to begin mining the land, or to continue the work, if abandoned, after being commenced. On the other hand, the lease does not bind the lessees to do anything. It permits them to begin the work of mining phosphate on the leased premises at any time, within 10 years, that may be 'Selected by them; to quit when they choose, or not to begin at all; and also the right to terminate the lease at any time upon their mere ipse dixit that the land does not contain phosphate in ‘paying quantities;’ it being left to them alone to decide whether it is in quantity sufficient to make the mining thereof profitable to them. “Reduced to its last analysis, this lease is but a unilateral executoiy contract, such as is in Berry v. Frisbie, etc., 120 Ky. 337 , 86 S. W. 558 , 27 Ky. L. R. 724, declared void, and in Young v. McIllhenny, 116 S. W. 728 , held to be unenforceable.””

   1 later decision quote this exact passage · from the majority
   e.g. Powell v. Ward