Miller v. Stevens’s Empirical Analysis

Citation profile

3 federal appellate · 2 district · 15 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A contract is implied where the intention as to it is not manifested by direct or explicit words between the parties, but is to be gathered by implication or proper deduction from the conduct of the parties, language used or things done by them, or other pertinent circumstances attending the transaction. Where there is no express contract a contract may be implied in fact, where one engages or accepts beneficial services of another for which compensation is customarily made and naturally anticipated, and although there be no express stipulation between the parties for wages or price the law implies an understanding or intent to pay the value of the services rendered.””

   3 later decisions quote this exact passage
   e.g. Wiskotoni v. Michigan National Bank-West · In Re Thompson's Estate

2. ““Following the definition to its conclusion, we find its scope restricted to those who for compensation perform the acts of agency enumerated ‘as a whole or partial vocation.’ From the apparent pains taken to define the term, it is to be assumed the final word ‘vocation’ was used advisedly. Had ‘avocation’ been adopted, there would be greater force in defendant’s contention that a single act constitutes an offense. Though often inaccurately used as synonymous, “ ‘An avocation is what calls one away from other work; a vocation, -or calling, that to which one is called by some special fitness or sense of duty.’ Femald’s English Synonyms, Antonyms, and Prepositions. “ ‘Vocation is literally a calling. It conveys the idea of systematic employment in an occupation appropriate to the person employed. It implies specific aptitude in the person, the result of training.’ Smith’s Synonyms Discriminated.””

   1 later decision quote this exact passage
   e.g. Morris v. O'Neill

3. “A business chance broker within the meaning of this act is any person, firm, partnership association, copartnership or corporation, who for a compensation or valuable consideration sells or offers for sale, buys or offers to buy, leases or offers to lease, or negotiates the purchase or sale or exchange of a business, business opportunity, or the good will of an existing business for others as a whole or partial vocation.”

   1 later decision quote this exact passage
   e.g. Hague v. Delong