Dunn v. Tate’s Empirical Analysis

Citation profile

2 federal appellate · 7 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Tate recognizes the general rule that false and fraudulent representations made by a vendor to induce the purchaser to enter into the contract are not merged in the contract, and that proof of such representations is not barred by the parol evidence rule. Adams v. Fada Realty Co., 305 Ky. 195 , 202 S.W.2d 439 . However, he calls attention to another rule, which is that oral agreements or representations cannot be proved or relied upon if they contradict a positive provision of the written contract. Dreyer-Whitehead & Goedecke, Inc. v. Land, 309 Ky. 113 , 216 S.W.2d 413 ; Hopkinsville Motor Co. v. Massie, 228 Ky. 569 , 15 S.W.2d 423 . “Tate contends that the phrase ‘just as the residence is constructed,’ in the portion of the contract quoted above, constitutes a positive and express agreement that the Dunns were to take the house ‘as is,’ with no warranty as to condition. We think that the phrase, taken in its context, rather means that the Dunns were to be entitled to all fixtures and appurtenances attached to the house as of the time of sale. At the very least, the phrase is ambiguous, and we are not willing to apply the rule laid down in the cases relied upon by Tate except in situations where the written contract is clear and unambiguous concerning the point on which parol evidence is sought to be introduced.””

   1 later decision quote this exact passage
   e.g. Mario's Pizzeria, Inc. v. Federal Sign & Signal Corp.