24 Cal. App. 224 - Ely v. Liscomb’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * We think ' the evidence clearly shows that * * * , Williams and Flint * * * were willing and anxious to relieve themselves from their obligation on the undertaking by delivering the same (the barn) to plaintiff; and it is likewise clear, * * * — that plaintiff was unwilling and refused to receive the same (the barn), preferring * * * to look to the undertaking for its value. It is the duty of a creditor to act in the utmost good faith towards a surety, and so far as he can, consistently with the security of his own right, protect the interest of the former, as well as his own. “In our opinion, the evidence shows * * * delivery of possession thereof (the barn) was offered to plaintiff, in compliance with the conditions of the undertaking, at which times the persons making the offer were in possession and control of the barn, and were ready, able, and willing to deliver the same to plaintiff, but that he refused to accept it. Hence, the findings upon which the judgment is based are not supported by the evidence. * * *.””

   1 later decision quote this exact passage
   e.g. Jones v. Liberty Plan of America, Inc.