Smith v. Hermsen’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Actual fraud in relation to contracts consists of any of the following acts committed by a party to the contract, or with his connivance, with intent to deceive another party thereto or to induce him to enter into the contract: (1) The suggestion as a fact of that which is not true by one who does not believe it to be true; (2) The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believe it to be true; (3) The suppression of that which is true by one having knowledge or belief of the fact; (4) A promise made without any intention of performing it; or (5) Any other act fitted to deceive. Actual fraud is always a question of fact.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Brevet International, Inc. v. Great Plains Luggage Co.

2. “The trial court’s discretion is to be exercised liberally in accord with legal and equitable principles in order to promote the ends of justice. Ultimately, any doubt should be resolved in favor of an application to set aside a judgment in order that the case may be tried upon the merits.”

   1 later decision quote this exact passage
   e.g. Donald Bucklin Construction v. McCormick Construction Co.