Waller v. Heid’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Wallers contend defendant made these misrepresentations to induce them to enter into the contract: (1) that the motel and residence were winterized and could be operated the entire year; (2) that the highway to. Yellowstone Park would be moved and pass directly in front of the motel; (3) that the plumbing and wiring to a second bathroom in the residence was roughed in and could be completed merely by hooking up the utilities; and (4) that the motel’s washer and dryer worked. Wallers argue they would not have entered into the contract if these misrepresentations had not been made. “It has long been the rule in Montana that a prima facie case of fraud is not established unless the plaintiff proves he relied on the truth of the representations made to him. Dunlap v. Nelson, 165 Mont. 291, 296 , 529 P.2d 1394 ; Clough v. Jackson, 156 Mont. 272, 279 , 479 P.2d 266 ; Young v. Handrow, 151 Mont. 310, 315 , 443 P.2d 9 . The district court found that Wallers relied on their own investigations of the property and those of Gary Teaney, rather than representations made by defendant. In Cowan v. Westland Realty Co., 162 Mont. 379, 383 , 512 P.2d 714, 716 , this Court said: “ ‘This Court has stated many times that its function on appeal is to determine whether there is substantial evidence to support the findings of the district court. This Court will not reverse the findings of the trial court unless there is á clear preponderance of the evidence against such findings. [Citing cases.]’ “”

   1 later decision quote this exact passage · from the majority
   e.g. Schulz v. Peake