Walker v. Ferchaud’s Empirical Analysis

Citation profile

18 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Under our rule, the evidence [parol evidence] is said to be against the act, when it is introduced to prove the falsity of what is therein stated. It is said to be beyond the act, if the object of it be to add to the act a clause which it does not contain, or to enlarge those which it does contain. But when titles to land contain no specific description of the property conveyed, as in this case, the question of ownership can only be determined by the application of the title to the land, and by parol evidence. * * * (Italics in last sentence ours.) [i.e., the trial court] `"In the case of New Orleans & Carrollton R. Co. v. Darms, 1887, 39 La.Ann. 766 , 2 So. 230 , 232, this court said: `"We think * * * that the evidence fell within the familiar exception to the general rule which admits parol, in order to ascertain the nature and qualities of the subject-matter of the contract, e. g., to identify or define the extent of the premises leased or sold, when not sufficiently described in the written contracts * * *." [Emphasis supplied]”

   2 later decisions quote this exact passage
   e.g. 619 So. 2d 585 - Sloane v. Davis · 279 So. 2d 749 - Wurzlow v. Placid Oil Company

2. ““ ‘We think * * * that the evidence fell within the familiar exception to the general rule which admits parol, in order to ascertain the nature and qualities of the subject-matter of the contract, e. g., to identify or define the extent of the premises leased or sold, when not sufficiently described in the written contract, and the like. 1 Greenl. Ev. §§ 286, 298a; * * * McLeroy v. Duckworth, 13 La.Ann. 410 /”

   2 later decisions quote this exact passage
   e.g. Smith v. Bell · 279 So. 2d 749 - Wurzlow v. Placid Oil Company

3. “The plaintiff in the instant case should be afforded an opportunity at a trial on the merits to identify by competent and legal evidence, if he can, the property described in the contract to purchase, or by such evidence apply the description given therein to the property which he alleges is the object of the contract.”

   1 later decision quote this exact passage
   e.g. Lemoine v. Lacour