Rosenquist v. Baker’s Empirical Analysis

Citation profile

12 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Damages in an action for false representations and deceit are the natural and proximate loss sustained by the party because of reliance thereon. [Citing cases.] In cases where the fraud induced a purchase, the measure of damages is the difference in value between what was given and what was received.””

   2 later decisions quote this exact passage
   e.g. Lobe Enterprises v. Dotsen · Marion v. Miller

2. “The rule is that, where a party to a contract has partially performed it before discovering the falsity of the representation which induced him to enter into it, he is not obliged to retrace his steps, but may complete performance without waiving the fraud and then bring an action for damages for deceit.”

   1 later decision quote this exact passage
   e.g. Berg v. Xerxes-Southdale Office Building Co.

3. ““It is well settled that the parol evidence rule is not applicable to exclude evidence of fraudulent oral representations by which one party induces another to enter a written contract, provided the representations were such that the other party might reasonably rely upon them.” 1”

   1 later decision quote this exact passage
   e.g. Hafner v. Ritzinger