Downs v. Reighard’s Empirical Analysis

Citation profile

3 federal appellate · 2 district · 12 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(1) If the defrauded party is content with the recovery of only the amount that he actually lost, his damages will be measured under that rule; (2) if the fraudulent representation also amounted to a warranty, recovery may be had for loss of the bargain because a fraud accompanied by a broken promise should cost the wrongdoer as much as the latter alone; (3) where the circumstances disclosed by the proof are so vague as to cast virtually no light upon the value of the property had it conformed to the representations, the court will award damages equal only to the loss sustained; and (4) where * * * the damages under the benefit-of-the-bargain rule are proved with sufficient certainty, that rule will be employed.””

   1 later decision quote this exact passage · from the majority
   e.g. 69 Md. App. 732 - Weisman v. Connors

2. “(2) if the fraudulent representation also amounted to a warranty, recovery may be had for loss of the bargain because a fraud accompanied by a broken promise should cost the wrongdoer as much as the latter alone.”

   1 later decision quote this exact passage · from the majority
   e.g. Call Carl, Inc., a Delaware Corporation v. Bp Oil Corporation, a Delaware Corporation, and Standard Oil Company (Ohio), an Ohio Corporation, Call Carl, Inc., a Delaware Corporation v. Bp Oil Corporation, a Delaware Corporation, and Standard Oil Company (Ohio), an Ohio Corporation