Hare v. Phaup’s Empirical Analysis

Citation profile

2 federal appellate · 11 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The holding of the Supreme Court of Michigan in the case of Beale et al. v. Polhemus, supra [ 67 Mich. 130 , 34 N. W. 532 ] añore nearly supports the contention of counsel for plaintiff than either of the other cases. In that case Polhemus signed a'contract to pay Beale $600 in consideration of his constructing a building and on its being occupied by the post office. It was contended in that case, as in this, that the contract was void as opposed to public policy, but the court allowed Beale’s executors to recover on- the contract because it was not shown that he used any improper or undue means to gain his point or to accomplish his end, and the court declined to presume that be used his personal power which was conceded to have been very great in any corrupt or unseemly manner or in violation of any public policy. In so holding, it is our judgment that the learned court failed to take into consideration the reasons fundamentally underlying the great weight of judicial expression Where this question has'been presented to the courts for consideration. Cases alanost without number could be cited and quoted from which hold that contracts of this character are not void because of the conclusion that corruption and wrongdoing and undue influence would be the certain re,-sult thereof, but on account of the recognition by them of corrupting tendencies of such contracts. ‘Lead us not into temptation’ is the divine injunction obligatory upon all, and the declaration of the courts of”

   1 later decision quote this exact passage
   e.g. Davis v. Bolon

2. ““Be it remembered that for and in consideration of the services of and expenses incurred by Alfred Hare in procuring the establishment of the United States post office of the city of Tecumseh, O. T.. in and upon the west side of block 52. of said city, I hereby promise to pay to' the .said Alfred Hare the sum of $5 per month, monthly in advance, from the date of the removal of said post office to said block, and so long -as said post office shall be maintained there- ' on. not to exceed ten years.” . .”

   1 later decision quote this exact passage
   e.g. Davis v. Bolon