Samuelson v. Bosk’s Empirical Analysis

Citation profile

2 federal appellate · 17 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"* * * The agreement contains the provision that `If this offer is accepted I will deposit with Vendor's Agent immediately in cash' the sum of $2,400; and the further provisions that `In the event that purchaser fails to comply with this agreement within the time specified, the vendor shall have the right either to declare the deposit, ipso facto, forfeited,' or `may demand specific performance;' and the purchaser, `in the event that the vendor does not comply with this agreement to sell within the time specified, * * * shall have the right either to demand the return of double the deposit, or specific performance.' * * * * * * * * * "An examination of these cases, State ex rel. Bond v. Register of Conveyances, 162 La. 362 , 110 So. 559 , and Tucker v. Rogers, 172 La. 445 , 134 So. 388 , shows that the plaintiff in each suit was the prospective purchaser, who failed to tender the deposit called for by the contract before the offer was withdrawn, and therefore could not enforce specific performance of the contract in the first case, or recover damages for the breach thereof in the second. It is clear that the law there applicable is neither pertinent nor controlling under the facts of this case. The defendants herein, William and Anna Bosk, in their offer to purchase the property of the plaintiff, clearly and unmistakably agreed that if the offer were accepted they would immediately post a deposit of $2,400. They are bound by the terms of the contract, and failure to make the ”

   1 later decision quote this exact passage
   e.g. Bayon v. Pettingill