Gibson v. Arnold’s Empirical Analysis

Citation profile

1 federal appellate · 1 district · 2 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Unquestionably in a proper case a party may be estopped to plead the statute of frauds. Estoppel to claim the. statute as a defense in such cases is based upon equitable principles. The statute of frauds is designed as an instrument to prevent frauds, and a court of equity may prevent a party from taking advantage of the statute to perpetrate a fraud. The very essence of equitable estoppel is . the resulting prejudice to the party who invokes the doctrine. ... The fraud against which a court of equity will relieve, to the extent of enforcing a parol contract, notwithstanding the statute of frauds, is not the mere moral fraud or wrong involved in the repudiation of a contract actually entered into, but which by reason of the statute he is not bound to perform for want of its being in writing, ... but consists in the repudiation of a contract which has been made and upon which an innocent party has been misled to his injury, if the statute of frauds be strictly enforced against him. Not only must the person who claims the benefit of an equitable estoppel to prevent another from pleading the statute of frauds be misled to his prejudice, but the injury suffered by him must be of such a character that he could not obtain redress in an ordinary way by an action at law. ... Our lawmaking bodies, in the exercise of their wisdom, have enacted the statute of frauds. In order to prevent frauds, they have required that certain classes of contracts be reduced to writing. Although equity m”

   1 later decision quote this exact passage · from the majority
   e.g. 943 F. Supp. 2d 1304 - Musket Corp. v. Star Fuel of Oklahoma, LLC

2. “virtually every court that has addressed the issue during the last twenty-five years has held that judicial admissions are an exception to the statute of frauds.”

   1 later decision quote this exact passage · from the majority
   e.g. 200 N.C. App. 342 - Powell v. City of Newton