VanSant v. Rose’s Empirical Analysis

Citation profile

1 district · 21 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The general rule that a writ of injunction should only issue where there is an unquestionable right and where irreparable injury will be suffered, and there is no adequate remedy at law either on account of the insolvency of the defendant or for some other cause, is not applicable to this case. Courts of equity will, and frequently do, interpose by injunction, thereby indirectly enforcing the performance of negative covenants by prohibiting their breach; and where there is an express negative covenant courts of equity will entertain bills for injunctions to prevent their violation, even though the same will occasion no substantial injury or though the remedy be adequate at law.””

   1 later decision quote this exact passage · from the majority
   e.g. 6 Ill. App. 2d 178 - Bauer v. Sawyer

2. “The only purpose their having other land in the vicinity could serve would be to show that they would be injuriously affected— that is, damaged — by a violation of the contract. But as their right does not necessarily depend upon their being damaged by the breach, it would seem it would not necessarily depend upon their owning other land in the vicinity. Bispham [Principles of Equity, 4th Ed.], in the paragraph above referred to, says it is no answer to an action of this kind to say the breach will inflict no injury upon the complainant, or even that it will be a positive benefit. 103 N.E. at 196.”

   1 later decision quote this exact passage · from the majority
   e.g. Beatty v. John C. Clark, Inc.