Elliott v. Whitney’s Empirical Analysis

Citation profile

10 district · 16 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘It is frequently difficult to determine whether a new agreement is a substituted contract operating as an immediate discharge, or is an accord executory the performance of which it is agreed shall operate as a future discharge. It is wholly a question of intention, to be determined by the usual processes of interpretation, implication, and construction.’”

   3 later decisions quote this exact passage · from the majority
   e.g. 6 Kan. App. 2d 144 - Scantlin v. Superior Homes, Inc. · Coffeyville State Bank v. Lembeck

2. ““While ... the intention to accomplish a novation need not be by express agreement to that effect, but may be inferred, like any other contract, from the facts, circumstances, and conduct of the parties, in order for a subsequent contract to constitute a novation and discharge of a prior one by implied intention of the parties, ordinarily it must appear that the new contract is so radically different from the old one that it necessarily supersedes it as an entirety.””

   1 later decision quote this exact passage · from the majority
   e.g. Moffat County State Bank v. Told

3. “`Since an accord executory operates at best no more than as a suspension of the antecedent claim, a material breach of the accord by the debtor lifts the suspension and makes the creditor’s prior claim again enforceable’”

   1 later decision quote this exact passage · from the majority
   e.g. 753 F. Supp. 2d 675 - American Dairy Queen Corp. v. Fortune Street Research & Writing Inc.