Sands v. Sands’s Empirical Analysis

Citation profile

4 district · 27 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[A court must djetermine from the language of the agreement itself what a reasonable person in the position of the parties would have meant at the time it was effectuated. In addition, when the language of the contract is plain and unambiguous there is no room for construction, and a court must presume that the parties meant what they expressed. In these circumstances, the true test of what is meant is not what the parties to the contract intended it to mean, but what a reasonable person in the position of the parties would have thought it meant. Consequently, the clear and unambiguous language of an agreement will not give away to what the parties thought that the agreement meant or intended it to mean.””

   3 later decisions quote this exact passage · from the majority
   e.g. Auction & Estate Representatives, Inc. v. Ashton · Kasten Construction Co. v. Rod Enterprises, Inc.

2. ““3. (a) Beginning with November 14, 1955, Husband will pay to Wife the sum of Three Hundred and Seventy-five Dollars ($375.00) per month, of which said sum One Hundred Ninety-one Dollars and Sixty-six Cents ($191.66) per month shall be for the support and maintenance of Wife, and One Hundred Eighty-three Dollars and Thirty-four Cents ($183.34) per month shall be for the support and maintenance of the minor children of the parties. The first of such payments shall be made on November 14,1955, and ensuing payments shall be made regularly on the 14th day of each month. (Emphasis supplied.) (b) It is understood and agreed that the provisions herein made for support and maintenance of Wife and the minor children of the parties shall be net to Wife, and that any income taxes due thereon shall be paid by Husband. Wife agrees that, so long as the parties shall remain under the law of the State of Maryland as husband and wife, she will, upon the request of Husband, and without any cost or expense to her, make, execute and join with Husband In the execution of such joint individual Income tax returns as shall be required to satisfy the Internal Revenue Statutes of the United States of America and the regulations promulgated thereunder, as well as any similar statutes, made and passed, or regulations adopted by the State of Maryland, to the end and intent that Husband may lawfully be responsible for only minimum taxes.””

   1 later decision quote this exact passage · from the majority
   e.g. 21 Md. App. 659 - Sands v. Sands

3. ““On 15 November 1955 Sands and appellee entered into an agreement reciting the existence of ‘great and irreconcilable differences’ and an intention to provide for the ‘support and maintenance’ of appellee and the two boys. Each of the parties was represented in the negotiations by alert, able and experienced members of the bar. The agreement itself is long, comprehensive and carefully drawn. In addition to the matters ordinarily found in such documents there are elaborate provisions for such things as the payment of mortgage installments, taxes, ground rent and fire insurance, life insurance and medical insurance premiums. Virtually nothing was overlooked.””

   1 later decision quote this exact passage · from the majority
   e.g. 21 Md. App. 659 - Sands v. Sands