Ochse v. Henry’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In light of our holdings above, we conclude that the circuit court was acting within the terms of the contract and deed by awarding attorney’s fees. Regardless of whether the contract merged with the deed, the attorney’s fees provision of the contract survived. The apportionment of attorney’s fees, however, was in error. While the Henrys did not breach the special covenants because the defect in title was created by their predecessors in title, the Henrys had a duty to convey marketable title to the 4.791 acres in the contract, which survives merger with the deed on the basis of mutual mistake. The Ochses now own the 4.791 acre parcel in fee simple, but at the time of the conveyance, the Henrys did not convey marketable title to the Ochses, breaching the contract. As such, we shall vacate the circuit court’s determination of attorney’s fees and remand for that court to reconsider its award of attorney’s fees in light of this opinion.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 216 Md. App. 439 - Ochse v. Henry

2. “[O]ur previously filed opinion in this matter has been clarified to indicate that the Ochses are able to sue on the underlying contract based on mutual mistake or misrepresentation, avoiding merger of the contract with the deed. Because the contract contained an attorney’s fees provision, the Ochses are entitled to attorney’s fees. While title issues have been resolved, the circuit court must view the case as it appeared when initiated.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 216 Md. App. 439 - Ochse v. Henry

3. “that the Henrys did not fraudulently induce the Ochses to purchase the property because, though Mr. Henry knew that the area had been used as a road, he honestly believed that it was merely an old dirt road and had no reason to suspect that Dorchester County owned a segment of the property.”

   1 later decision quote this exact passage
   e.g. 216 Md. App. 439 - Ochse v. Henry