Morr v. Crouch’s Empirical Analysis

Citation profile

2 federal appellate · 49 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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"[4] However, the rule in Ohio and elsewhere is that an attorney who is without specific authorization has no implied power by virtue of his general retainer to compromise and settle his client's claim or cause of action... . * * * * * * "[5] Moreover, where the power claimed is to sell real estate, the agent's authority must be expressly given to execute a contract for the sale of land before such contract will bind the principal... . * * * * * * "[6] The record here discloses that no specific authority was conferred upon the attorney to act as agent for the owner to sell or to convey the land. Neither could such authority be implied, nor was it apparent. Attorney Moore, in testifying at the hearing on the motion to vacate, admitted that he was not given authority to sell or settle. He testified further that he was mistaken as to who actually held title to the land, believing that the owner's husband was a part owner. Accordingly, the document entitled `journal entry — settlement,' although signed by the attorney for the landowners, was not an enforceable contract for the sale of land. A fortiori, it was not a valid conveyance of title." (Opinion, page 783.)”

   2 later decisions quote this exact passage
   e.g. 17 Ohio App. 3d 208 - Ottawa County Commissioners v. Mitchell · Rushing v. Garrett

2. ““* * * The instant facts are that the landowner [Crouch) received an unsigned copy of the * * * [journal entry of settlement]. It is entirely logical that she assumed no deed or sale of her land could be valid without her signature, particularly in view of the fact that the entry called for signatures but the copy she received showed no signatures. She never claimed or received the money deposited in court by the state, even after notice from the judge that it was there. It appears that when she finally learned that the land was no longer listed in her name on the county records, she promptly made efforts to disaffirm, which finally resulted in the filing of the motion to vacate the entry.” (Emphasis sic.)”

   1 later decision quote this exact passage
   e.g. 17 Ohio App. 3d 208 - Ottawa County Commissioners v. Mitchell

3. ““A landowner has the constitutional right to a jury’s determination of the amount of compensation. Section 19, Article I, Constitution of Ohio. On the other hand, if the appropriating agency and the landowner agree upon an amount, a contract of settlement may be entered into and the action dismissed. However, there is no authority in the court itself to compel a settlement. Nor can the court, by its imprimatur, validate a settlement which is otherwise unenforceable, and attempt to give it the dignity of an instrument to convey title. * * * [A journal entry of settlement] can have no validity beyond its validity as an executory contract to sell land.””

   1 later decision quote this exact passage
   e.g. 17 Ohio App. 3d 208 - Ottawa County Commissioners v. Mitchell