Hector v. Mann’s Empirical Analysis

Citation profile

2 federal appellate · 20 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “* * * There are estoppels and estoppels, and some forms of them are so defined by law writers and jurists as to make one element in the estoppel the knowledge and reliance of one party upon the acts and conduct of the other; for instance, estoppel in pais, arising from misrepresentation by word, act, conduct, or silence. But there are other forms of estoppel in which knowledge of the fact upon the part of the person invoking the estoppel, and reliance upon the fact and a change of situation based upon that reliance, is not an element. It may be that “ estoppel,” speaking with precision, is the wrong designation, and that in. attempting to classify and give names the doctrine we are about to invoke is improperly classified as “ estoppel,” and that it does not come under that head, but springs from election, ratification, affirmance, acquiescence, acceptance of benefits, or what not. It is classed, however, by law writers under the head of “ quasi estoppel.” (Bigelow on Estoppel, 5th Edition, p. 697; 16 Cyc. 787, et seq.). [Italics supplied.]”

   1 later decision quote this exact passage
   e.g. Tide Water Oil Co. v. Commissioner