Ulrey v. Keith’s Empirical Analysis

Citation profile

7 federal appellate · 4 district · 36 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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The option of appellant to terminate the lease at any time upon payment of ,f 1 deprives appellant of the right to specific performance, directly or indirectly, until it has performed the contract or placed itself in such position that it may be compelled to perform the contract on its part. If the relief here sought should be granted, appellant, under the cancellation clause of the lease, may nullify the decree by exercising its option not to proceed further. A court of equity will not do a vain and useless thing, by rendering a decree settling the rights of parties which one of them may set aside at his will.””

   1 later decision quote this exact passage · from the majority
   e.g. Lindlay v. Raydure

2. ““It is clear that on account of such provision a court of equity could not enforce specific performance of the lease at the instance of the lessor, and if the law as declared in this state is that where there is a lack of mutuality in remedy courts of equity will aid neither of the parties in the enforcement of the contract but will leave them to their remedy at law, then the decree in this case is erroneous.””

   1 later decision quote this exact passage · from the majority
   e.g. Reichert v. Pure Oil Co.

3. ““Denying specific performance does not deny the legality or obligation of the contract: it denies merely that the case is one of equitable cognizance.””

   1 later decision quote this exact passage · from the majority
   e.g. Reichert v. Pure Oil Co.