220 W. Va. 1 - Ryan v. Ryan’s Empirical Analysis

Citation profile

1 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. “A contracts to sell and B to buy stock amounting to a controlling interest in C Corporation. At the time of making the contract, both A and B believe that C Corporation will have earnings of $1,000,000 during the following fiscal year. Because of a subsequent economic recession, C Corporation earns less than $500,000 during that year. Although B may have shown poor judgment in making the contract, there was no mistake of either A or B, and the rules stated in this Chapter do not apply-”

   2 later decisions quote this exact passage
   e.g. 332 F. App'x 913 - Commonwealth Group-Winchester Partners, L.P. v. Winchester Warehousing, Inc. · Cook v. Cook

2. “Baker v. Penn Mut. Life Ins. Co., 788 F.2d 650, 661 (10th Cir. 1986) (“at the time the parties entered into the 1975 Contract, the result of plaintiffs future performance under the contract could only have been mere conjecture, not an existing fact. No claim of mutual mistake can be stated on such a basis.”) (footnote omitted); Shear v. National Rifle Ass'n of America, 606 F.2d 1251, 1260 (D.C. Cir. 1979) (“The mistake does not apply to predictions or promises of future conduct.”); Hartford Fire Ins. v. Federated Dept. Stores, 723 F.Supp. 976, 994 (S.D.N.Y. 1989) (noting that erroneous predictions are not mistakes that allow rescission.); Haas v. Pittsburgh Nat. Bank, 495 F.Supp. 815, 818-19 (W.D. Pa. 1980) (“The court is confronted here, at best, with a risk that resulted from the inability of the parties to predict future events. As the Restatement and other authorities make clear, such risks are distinct from bona fide mutual mistakes of fact and provide no basis for reformation of a contract.”); Boles v. Blackstock, 484 So. 2d 1077, 1082 (Ala. 1986) (“as a matter of law, reliance on a prediction as to future events, will not support a claim for rescission or release based on a claim of mutual mistake of fact”); In re Marriage of Hall, 681 P.2d 543, 545 (Colo. App. 1984) (“A party's prediction or judgment as to events to occur in the future, even if erroneous, is not a ‘mistake’ for the purpose of making a contract voidable.”); Beals v. Tri-B Associates, 644 P.2d 78, 80 (C”

   1 later decision quote this exact passage
   e.g. Kruzich v. Old Republic Insurance

3. “a contract may not be reformed or rescinded based upon a mutual mistake of fact if the mistake relates to a mistaken belief, judgment, or expectation as to future, rather than past or present, facts, occurrences or events. If a party to a contract could reform or rescind a contract on the ground that an expectation as to future results or occurrences was mistaken, the stability and binding force of many contracts would be destroyed.”

   1 later decision quote this exact passage
   e.g. Kruzich v. Old Republic Insurance