Bryant v. Clark’s Empirical Analysis

Citation profile

8 federal appellate · 58 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 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"In Langley v. Norris, 141 Tex. 405 , 173 S.W.2d 454 , 148 A.L.R. 555 , cited by petitioner, we said that absolute certainty is not necessary, but that ‘the certainty required in a contract which renders it subject to an action for specific performance is a reasonable certainty.’ That case turned upon the construction of the language used in the written contract, rather than upon the question, as here, whether any material and basic elements of the contract are wanting. . The authorities generally concur in the rule announced in Wilson v. Fisher, 144 Tex. 53 , 188 S.W.2d 150 , although in that case the lack of certainty was with reference to the description of the property, as follows: ‘In the absence of equities removing the case from the operation of the statute of frauds, which do not here exist, it is well settled that before a court will decree the specific performance of a contract for the sale of land, or entertain a suit for damages for the breach thereof, the written agreement or memorandum required by the statute must contain the essential terms of a contract, expressed with such certainty and clarity that it may be understood without recourse to parol evidence to show the intention of the parties; * * * ’ Pomeroy in his Specific Performance of Contracts, 3rd ed. (1926), § 159, states the rule with regard to the certainty required for specific performance to be: ‘ * * * its object is to procure a performance by the defendant, and this demands a clear, definite, and ”

   2 later decisions quote this exact passage · from the majority
   e.g. Wheeler v. White · Johnson v. Snell

2. ““The contract provides for 6% interest on the deferred balance, but it does not provide when the interest is payable or in what amounts. * * * “If, as petitioner suggests, we should hold that the parties intended to provide for payment of the deferred balance in fifteen equal annual installments and write that provision into our judgment, what do we then hold, the parties intended with respect to interest payments and what would we write into our judgment with respect thereto? Would we provide that the interest be paid annually on the unpaid balance? Or would we amortize interest and provide that the deferred balance and interest be paid in fifteen equal annual installments? Or would we provide that the payment of interest be deferred until the last payment on principal? To require any of these methods of paying interest is to make a contract for the parties by sup plying terms with respect to important subject matter of the contract which they left totally uncertain in their written memorandum.” 163 Tex. at 599 .”

   1 later decision quote this exact passage · from the majority
   e.g. Silverman v. Kogok, Adm'r

3. ““The contract provides for the payment of the -deferred balance of the -purchase price of the property in fifteen annual installments, but it contains .no provision with respect to the amount of the several installments. ⅜ * * ””

   1 later decision quote this exact passage · from the majority
   e.g. Wheeler v. White