Hope v. Bourland’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “■ “It is well settled that to warrant a reformation, in the absence of fraud or imposition, there must be a mutual mistake (■that is, a mistake shared by both parties) ; that to justify the reformation of a deed delivered, accepted, and acted upon, on the ground that it did not correctly express the agreement made by the parties, the proof must be clear and convincing; and, until a mistake has been established by such proof as leaves no rational doubt of the fact, no change will be made in the writing sought to be reformed.””

   1 later decision quote this exact passage
   e.g. Schafer v. Midland Hotel Co.

2. ““The mistake must, in general, be mutual, and it must be clearly established by the proofs, which may be either oral or written. Indeed, in no case will a court decree an alteration in the terms of a duly executed written contract, unless the proofs are full, clear, and decisive. Mere preponderance of evidence is not enough, and the mistake must appear beyond reasonable controversy.””

   1 later decision quote this exact passage
   e.g. Muskogee Refining Co. v. Waters Pierce Oil Co.