Womble v. Walker’s Empirical Analysis

Citation profile

3 federal appellate · 27 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘So where a lease gives a lessee a renewal at his election, and he elects to continue, a present demise is created, which is subject to all the conditions and covenants of his former lease, and it is not necessary that a new lease shall be executed. In the absence of an express provision that a new lease is intended to be executed, the presumption is that no new lease is intended, but that the lessee is to continue to hold under the original lease. * * * The reason for the presumption is the fact that the making of a new lease would involve trouble and expense, which should be avoided by the courts if possible unless it is very clear that the parties have previously agreed to incur such trouble and expense. For, if the new lease, as is always the case, when executed, is but a substitute for, and a re-execution of, the old lease, it is in no wise more efficacious or obligatory, nor does it confer any greater rights than the old.’ (emphasis in original)”

   1 later decision quote this exact passage · from the majority
   e.g. Edwin B. Raskin Co. v. Doric Building Co.

2. ““The interpretation given by the parties themselves to the contract as shown by their acts will be adopted by the court, and to this end not only the acts, but the declarations of the parties may be considered.” 8 Williston on Contracts, par. 623, citing many authorities, including State v. Board of Trust, 129 Tenn. 279, 329 , 164 S.W. 1151 .”

   1 later decision quote this exact passage · from the majority
   e.g. Hall v. Jeffers

3. “Generally speaking, the word ‘renewal’ ... is frequently used as synonymous with ‘extension,’ and the tendency of the courts seems to be to disregard any distinction between them.”

   1 later decision quote this exact passage · from the majority
   e.g. Edwin B. Raskin Co. v. Doric Building Co.