Gardner v. Watson’s Empirical Analysis

Citation profile

3 federal appellate · 48 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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “• ‘ Over what in law constitutes an account stated there was never any question in this state,' and very little uncertainty exists in other states. ‘It must appear’ (says this court in Baird v. Crank, 98 Cal. 293, 297 [ 33 Pac. 63 ]) ‘that at the time of the accounting certain claims existed, of and concerning which an account was stated; that a balance was then struck and agreed upon, and that the defendant expressly admitted that a certain sum was then due from him as a debt’. To like effect is Coffee v. Williams, 103 Cal. 550, 556 [ 37 Pac. 504 ], where it is said: ‘An account stated is a document—a writing—which exhibits the state of account between parties and the balance owing from one to the other, and when assented to, either expressly or impliedly, it becomes a new contract. An action on it is not founded upon the original items, but upon the balance agreed to by the parties. . . . ’ It is not at all necessary that there should be mutual or cross-accounts or demands between the parties. The acknowledgment of a debt, though it consists of but a single item, may form the basis of such a stated account. . . . Moreover, the writing constituting an account stated need not aver or at all contain the grounds and reasons for the conclusion and declaration expressed. It is a complete account stated if it contains a signed and written acknowledgment of a present, unqualified indebtedness or liability with a promise to pay a named sum. ...””

   1 later decision quote this exact passage
   e.g. Walsh v. Parker

2. “it is not open to a defendant to attempt to defeat the legal effect of [an account stated] by showing a lack of consideration in any other way. Thus, it is not open to a defendant in such a case merely to show that the account stated was based upon a disputed claim of the plaintiff's, which claim subsequently proved to be invalid.... All such evidence going to total or partial lack of consideration is forever debarred by the convention and agreement of the parties, for this is of the very essence of an account stated.”

   1 later decision quote this exact passage
   e.g. Sos Inc v. Payday Inc

3. “‘ ‘ The action upon an account stated is not upon the original dealings and transactions of the parties. Inquiry may not be had into those matters at all. It is upon the new contract by and under which the parties have adjusted their differences and reached an agreement.””

   1 later decision quote this exact passage
   e.g. Ahlbin v. Crescent Commercial Corp.