Nathan v. McKernan’s Empirical Analysis

Citation profile

4 federal appellate · 2 district · 30 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In that connection, defendants’ answers were in effect a defense of recoupment. In Oft v. Dornacker, 131 Neb. 644 , 269 N.W. 418 , and again in Mettlen v. Sandoz, 131 Neb. 625 , 269 N.W. 98 , this court concluded that the defense of recoupment or reduction ofplaintiff’s claim must arise out of the same transaction as plaintiff’s claim, and survives as long as plaintiff’s cause of action exists, even if affirmative legal action upon the subject of recoupment is barred by the statute of limitations. Therefore, plaintiff’s contention with regard to the statute of limitations barring defendants’ claim has no merit.”

   1 later decision quote this exact passage
   e.g. In Re Estate of Massie

2. ““As a general rule there is an entire failure of consideration where the property purchased is entirely worthless .. . . [T]here is not a failure of consideration if the property is not entirely worthless, or if it has any substantial value, although less than the consideration paid ... as where, by reason of some unsoundness or imperfection, it is merely diminished in value . . .”

   1 later decision quote this exact passage
   e.g. Schuelke v. Wilson

3. “`acts in affirmance of the contract amount to a waiver of the fraud only where they are done with full knowledge of the fraud and of all material facts and with the intention clearly manifested of abiding by the contract and waiving all right to recover for the deception.'”

   1 later decision quote this exact passage
   e.g. Lg Capital Corp v. Tenaska Vi Lp