Austford v. Smith’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““9-06-04. Contracts invalid unless in writing — Statute of frauds. — The following contracts are invalid, unless the same or some note or memorandum thereof is in writing and subscribed by the party to be charged, or by his agent: 1. . . . 2. A special promise to answer for the debt, default, or miscarriage of another, except in the cases provided for in section 22-01-05; 3. . . . 4. . . “22-01-04. Guaranty to be in writing — Exception—Consideration need not be expressed. — Except when a guaranty is deemed an original obligation as provided in section 22-01-05, a guaranty must be in writing and signed by the guarantor, but the writing need not express a consideration.” “22-01-05. When a guaranty need not be in writing. — A promise to answer for the obligation of another in any of the following cases is deemed an original obligation of the promisor and need not be in writing: 1. When the promise is made by one who has received property of another upon an undertaking to apply it pursuant to such promise, or by one who has received a discharge from an obligation in whole or in part in consideration of such promise. 2. When the creditor parts with value or enters into an obligation in consideration of the obligation in respect to which the promise is made, in terms or under circumstances which render the party making the promise the principal debtor and the person in whose behalf it is made his surety. 3. When the promise, being for an antecedent obligation of another, is made up”

   2 later decisions quote this exact passage
   e.g. State Bank of Towner, Inc. v. Rauh · Baker Manufacturing Co. Wholesale Division of Dickinson v. Kramer Sheet Metal

2. ““On the other hand, when the leading object of the promisor is to subserve some interest or purpose of his own, notwithstanding the effect is to pay or discharge the debt of another, his promise is not within the statute.””

   1 later decision quote this exact passage
   e.g. Nokota Feeds, Inc. v. State Bank of Lakota