Chalk v. Daggett’s Empirical Analysis

Citation profile

43 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A parol contract to allow credits, entered into after the execution and delivery of a promissory note, would, in a suitable case, be admissible, Nalle v. Gates, 20 Tex. 315 . On the other hand, such a contract entered into contemporaneously and, moreover, as here, providing for credits, not by payment of money but by means of balances to be ascertained by a collateral accounting as a condition precedent, cannot affect the obligation of the note, which because in writing, absorbs all relevant and basic oral negotiations or agreements occurring up to' the time of its delivery and requires unconditional payment in dollars. Roundtree v. Gilroy, 57 Tex. 176 ; Bailey v. Rockwall County Nat. Bank, Tex.Civ.App., 61 S.W. 530 ; Standard Wagon Co. v. Roberts, Tex.Civ.App., 26 S.W. 246 ; 2 Elliott on Contracts, §§ 1626, 1628.” [ 257 S.W. 230 .]”

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

2. ““The answer alleged consideration for each of the notes; and no question of want or failure of consideration is here raised or involved. No questions of fraud, accident, or mistake were pleaded, or are raised. While the allegations as to one of the notes could hardly be construed as being clearly to the effect that the agreement that was eliminated was oral, the case appears to have been tried below, and to be presented here in connection with the allegations of an oral agreement as to the other note, upon the theory and proposition that they were wholly to that effect.””

   1 later decision quote this exact passage
   e.g. Jack W. Neal Auto Co. v. Serna

3. “A written promise to perform in the future, whether by money or in services, is a contractual consideration which, unlike one that is not mentioned or is mentioned merely as a receipt or by way of acknowledgment of something performed in the past, cannot be set aside on any different principle from that applicable to other material future undertakings expressed and defined by the written contract.”

   1 later decision quote this exact passage · from the majority
   e.g. Boy Scouts of America v. Responsive Terminal Systems, Inc.