Jones v. Davis’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““On many occasions this court has had before it contracts of the general nature of the one now under consideration, and in connection therewith has discussed the nature and validity of such contracts, the sufficiency of pleading and proof of the asserted contract, and whether in equity it should be enforced. In the briefs many of these decisions are cited in support of contentions advanced but limits of space prevent detailed reference to them. Both parties direct our attention to Woltz v. First Trust Co., 135 Kan. 253 , 9 P. 2d 665 , where the plaintiff was denied relief. In the opinion, prepared by Mr. Justice Harvey, may be found an exhaustive review of our previous decisions, and listing those where relief was allowed and where it was denied. Although reference is made to that opinion for a more complete statement, in effect the court held that it must be pleaded and shown by clear and satisfactory proof that there was a contract, and compliance therewith by the party asserting the same under which, in equity and good conscience, he should possess and enjoy the property as against those who would otherwise be entitled to it. The principles laid down in the above case have been followed in many subsequent decisions, among which are the following: Smith v. Nyburg, 136 Kan. 572 , 16 P. 2d 493 ; Logston v. Needham, 138 Kan. 439 , 26 P. 2d 443 ; Johnson v. Lander, 140 Kan. 329 , 36 P. 2d 1006 ; Trackwell v. Walker, 142 Kan. 367 , 46 P. 2d 603 ; Schuler v. Rehberg, 145 Kan. 176”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Estate of Mueseler

2. ““Although courts will decline to decree specific performance where the services performed are inconsequential compared with the compensation contracted to be paid, they are reluctant to make a new contract for the parties, and where the contract pleaded and the proof adduced shows services extending over a long period, that services of an intimate and peculiar nature were performed, and that the claimant could not be adequately compensated in money and it would be inequitable to withhold enforcement of the contract, and the trial court so adjudges, the appellate court will not hold that the claimant could be compensated by a money judgment.” (Syl. f 4.)”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Estate of Billinger

3. “"Although the evidence to establish such a contract must be clear and satisfactory, it is the trial court which is to be satisfied and convinced."”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Estate of Shirk