2002 UT App 361 - Smith v. Osguthorpe’s Empirical Analysis

Citation profile

2 federal appellate · 1 district · 10 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “a rebutta-ble presumption that a writing which on its face appears to be an integrated agreement is what it appears to be.”

   2 later decisions quote this exact passage
   e.g. Novell, Inc. v. the Canopy Group, Inc. · 2007 UT App 19 - Bennett v. Huish

2. “(1) A restraint on alienation, as that phrase as used in this Restatement, is an attempt by an otherwise effective conveyance or contract to cause a later conveyance (a) to be void; or (b) to impose contractual liability on the one who makes the later conveyance when such liability results from a breach of an agreement not to convey; or (c) to terminate or subject to termination all or part of the property interest conveyed.”

   1 later decision quote this exact passage
   e.g. Lamar Advertising v. Larry & Vickie Nicholls, L.L.C.

3. “"[A] court must first determine whether the writing was intended by the parties to be an integration. In resolving this preliminary question of fact, parol evidence, indeed any relevant evidence, is admissible." However, to preserve the integrity of written contracts, we apply "a rebutta-ble presumption that a writing which on its face appears to be an integrated agreement is what it appears to be."”

   1 later decision quote this exact passage
   e.g. Novell, Inc. v. the Canopy Group, Inc.