Afflick v. Lambert’s Empirical Analysis

Citation profile

2 federal appellate · 4 district · 21 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is therefore a well settled rule of this Court that any parties who can make a contract can rescind or modify it by mutual consent. If they are capable of making the contract in the first instance, they may by mutual consent modify it in any manner. Parties to a written contract may rescind it by oral agreement, or they may modify it by oral agreement. Black on Rescission & Cancellation, vol. 1, p. 20; 13 C. J. 593; 6 R. C. L. 914.””

   2 later decisions quote this exact passage
   e.g. Luningham v. Arkansas Poultry Federation Insurance Trust · Haering Oil Co. v. Beasley

2. ““It is well settled that the parties to a contract may at any time rescind it in whole or in part by mutual consent, and the surrender of their mutual rights and the substitution of new obligations is a sufficient consideration.””

   1 later decision quote this exact passage
   e.g. Haering Oil Co. v. Beasley

3. ““...This court has repeatedly held that, where there is a mutual agreement to modify a contract, the mutual promise of the parties will constitute a sufficient consideration for a valid agreement....””

   1 later decision quote this exact passage
   e.g. Williams v. Varner