Cole v. Smith’s Empirical Analysis

Citation profile

1 district · 15 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Assuming—but not deciding—that this contract and the considerations moving from the defendant are susceptible of division and separate consideration, and that plaintiffs are in a condition to accept one and reject the other of the forfeitures provided, and thus affirm in part and in part disaffirm, the contract, we now proceed to demonstrate that neither the complaint, in its allegations touching the ranch, nor the evidence responsive to it, nor both combined, are sufficient to relieve plaintiffs from the obligations of their contract in its entirety-”

   1 later decision quote this exact passage · from the majority
   e.g. 760 F. Supp. 2d 1132 - City of Raton v. ARKANSAS RIVER POWER AUTHORITY

2. ““They [plaintiffs] could not shut their eyes to the facts which they knew, or by proper- inquiry could have ascertained, that they were buying a herd of cattle ranging on the public domain, the number of which was unknown both to them and to the defendant, and that, necessarily, they ran more or less risk in making the exchange which they did.””

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