Rotella v. Lange’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. ““In order to form a contract there must be no variance between the acceptance and the offer. ‘A proposal to accept upon terms varying from those offered is a rejection of the offer and puts an end to the negotiations, unless the party who made the original offer renews it or assents to the modification suggested. Having in effect rejected the offer by his conditional acceptance, the offeree cannot subsequently bind the offeror by an unconditional acceptance.’ Richeson v. Wilson, 187 Va. 536, 546 , 47 S. E. 2d 393, 398 . “Here the listing agreement committed the defendant to sell for $9,000 cash. There were no other terms or conditions, and no agreement to pay commission to the plaintiff on any other sort of sale. By the offer of purchase submitted by the plaintiff the purchasers agreed to pay $9,000 cash only if and when they secured an A. B. C. license, a board of health permit and a five-year lease of the building at $150 a month. One of the prospective purchasers, the only one who testified, stated that they would not have bought the defendant’s business if they could not obtain those three things. Their offer to purchase was made subject to those conditions. On its face it could not be enforced against them if they failed to obtain those things. It was in effect a counter offer which had the legal effect of rejecting the defendant’s offer of sale. Richeson v. Wilson, supra. “Clearly the defendant had a right to reject an offer to buy which was not in compliance with his o”

   1 later decision quote this exact passage · from the majority
   e.g. Quality Home Builders of Norfolk, Inc. v. Herrick

2. ““If the broker makes a special contract, such as expressly making the payment of commission depend upon paying a certain price for the property, or upon securing certain terms of sale,, he cannot recover [a] commission if he fails to perform that special contract. To entitle him to his commission he must succeed, and he takes the entire risk of failure, for his reward comes only as a consequence of his success.” 202 Va., at page 577 , 118 S. E. 2d, at page 518 .”

   1 later decision quote this exact passage · from the majority
   e.g. Tooles v. Brunk