Biewer v. Mueller’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The property about the misrepresentation of the value of which complaint is made, was not the property directly involved in the trade. It was collateral to the principal transaction, part of whose terms it was designed to secure, and the representation was made, not to induce the appellees to purchase the property, but to accept it as security. The general rule is, that statements as to the value of a business or of property, made to induce one to buy or invest money, are treated as expressions of opinion, only, and if so intended and understood do not constitute fraud, in the absence of any concealment or misrepresentation of material, extrinsic facts. ‘The reason of the rule is that such statements are expressions of opinion; but where .they are made with the intention that they shall be understood as statements of fact, and not as the expressions of opinions, they will constitute fraud.’ (Leonard v. Springer, 197 Ill. 532 ; Murray v. Tolman, 162 Ill. 417 ; Allen v. Hart, 72 Ill. 104 .) The false statement of value was here made by Mueller, having superior means of knowledge, and was relied upon as a matter of fact and not opinion. It constituted fraud, which violated the agreement entered into partly in reliance upon it.” See also Miller v. John, 111 Ill. App. 56 .”

   1 later decision quote this exact passage · from the majority
   e.g. Auman v. McKibben