254 Mich. App. 300 - Keywell & Rosenfeld v. Bithell’s Empirical Analysis

Citation profile

5 federal appellate · 8 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The conversion of an open account into an account stated, is an operation by which the parties assent to the sum as the correct balance due from one to the other; and whether this operation has been performed or not, in any instance, must depend upon the facts. That it has taken place, may appear by evidence of an express understanding, or of words and acts, and the necessary and proper inferences from them. When accomplished, it does not necessarily exclude all inquiry into the rectitude of the account." [Emphasis in original.]”

   1 later decision quote this exact passage · from the majority
   e.g. Echelon Homes, LLC v. Carter Lumber Co.

2. “[Ljack of mutuality does not always preclude the application of collateral estop-pel [under Michigan law]. There are several well-established exceptions to the mutuality requirement, such as when an indemnitor seeks to assert in its defense a judgment in favor of its indemni-tee, or where a master defends by asserting a judgment for a servant.”

   1 later decision quote this exact passage · from the majority
   e.g. Citizens Insurance Co. of America v. King (In re King)

3. “`[W]here a plaintiff is able to show that the mutual dealings which have occurred between two parties have been adjusted, settled, and a balance struck, the law implies a promise to pay that balance.'”

   1 later decision quote this exact passage · from the majority
   e.g. Echelon Homes, LLC v. Carter Lumber Co.