Wheeler v. Taft’s Empirical Analysis

Citation profile

2 federal appellate ·

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

1. ““The sale for which a commission was claimed was a result of the exercise in May, 1917, of an option to purchase given in January, 1917. * * * After the option had been in force for some time, and had been renewed, the parties holding it made it known to the plaintiff and the defendant’s representative that, they would not exercise the option, unless a part of the optioned lands not desired by them would be taken by the plaintiff, who was known to be claiming that the defendant would owe him a commission if the option was exercised. One of the option holders had a telephone conversation with the plaintiff on the subject, with the result that the plaintiff said that his commission was $1 an acre, for which he would accept, at the price per acre stated in the option, part of the optioned lands not desired by the option holders. Following that conversation, plaintiff sent to the other party to it a telegram stating: ‘As per conversation over phone will take our commission in land on Tensas river.’ The option holders then notified the defendant’s representative of their exercise of the option, stating that as an inducement to their doing so the plaintiff had agreed to accept $1 per acre as- commission in part of the optioned land at the price per acre, $17.50, stated in the option contract. Whereupon the optioned land, except the part agreed to be excluded, was conveyed to the option holders, who paid therefore the price per acre stated in the option. This was done with the under”

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