Stoever v. Gowen’s Empirical Analysis

Citation profile

30 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““. . . the words in the deed cannot be given the sweeping effect which would be given was the plan actually referred to and cannot be made to import more than they say, that Dye surveyed the lots. In all cases where covenants implied from the recital of a plan in a deed have been upheld by us there has been a direct and categorical reference to the plan; they all say actually that the lots, ‘were sold and conveyed according to the plan’ (Quicksall v. Phila., 177 Pa. 301 ), or use some like expression: Pittsburgh v. Epping-Carpenter Co., 194 Pa. 318 ; Garvey v. Harbison-Walker Refractories Co., 213 Pa. 177 ; O’Donnell v. Pittsburgh, 234 Pa. 401 ; Tesson v. Porter Co., 238 Pa. 504 ; Chambersburg Shoe Mfg. Co. v. Cumberland Valley R. R. Co., 240 Pa. 519 ; but in the deeds we are considering, there is no reference to the plan whatever, and it cannot be imported into the deeds because of the principle heretofore quoted.””

   1 later decision quote this exact passage
   e.g. Rialto Building & Loan Ass'n v. Commonwealth Title Co.

2. ““As a general rule a deed made in full execution of a contract of sale of land merges the provisions of the contract therein, and this rule extends to and includes all prior negotiations and agreements leading up to the execution of the deed, all prior purposes, stipulations and oral agreements, all collateral promises including promises made contemporaneously with the execution of the deed.””

   1 later decision quote this exact passage
   e.g. Gibney v. Stockdale Corp.