Imle v. Brill’s Empirical Analysis

Citation profile

5 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. ““It occurs to us that this is a suit on contract in which it is necessary that appellant first avoid the effects of a release. Upon this state of the pleadings, the controversy over the alleged fraud is but an incident. In such cases, it has been held that the nature of the principal cause of action is controlling over secondary or incidental issues. Sowell v. Weisinger, Tex.Civ.App., 228 S.W.2d 574 ; Henson v. Henson, Tex.Civ.App., 181 S.W.2d 285 ; Lone Star Mutual Life Ass’n v. Bruno, Tex.Civ.App., 101 S.W.2d 1059 ; Evans v. Heldenfels, Tex.Civ.App., 70 S.W.2d 283 ; Adamson v. Hexter, Tex.Civ.App., 68 S.W.2d 568 ; O’Quinn v. O’Quinn, Tex.Civ.App., 57 S.W.2d 397 ; Beale v. Cherryhomes, Tex.Civ.App., 21 S.W.2d 65 . We hold that the pleadings assert a cause of action grounded on contract rather than fraud. Latshaw v. McLean, Tex.Civ.App., 238 S.W. 1003 ; Dowell v. Long, Tex.Civ.App., 219 S.W. 560 ; Neal v. Barbee, Tex.Civ.App., 185 S.W. 1059 . Where a contract is induced by fraud, but a party elects to sue on the contract rather than to allege and recover damages for fraud, he cannot rely on fraud to fix the venue of his suit. Bunger v. Campbell, Tex.Civ.App., 183 S.W. 2d 1001 .””

   1 later decision quote this exact passage
   e.g. Lewis v. Evans