Stechschulte v. Jennings’s Empirical Analysis

Citation profile

2 federal appellate · 14 district · 46 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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the existence of a contract between the parties; (2) sufficient consideration to support the contract; (3) the plaintiff's performance or willingness to perform in compliance with the contract; (4) the defendant's breach of the contract; and (5) damages to the plaintiff caused by the breach.”

   4 later decisions quote this exact passage · from the dissent
   e.g. API Americas Inc. v. Miller · 56 Kan. App. 2d 690 - Power Control Devices, Inc. v. Lerner

2. “(1) [t]he defendant made false representations as a statement of existing and material fact; (2) the defendant knew the representations to be false or made them recklessly without knowledge concerning them; (3) the defendant made the representations intentionally for the purpose of inducing another party to act upon them; (4) the other party reasonably relied and acted upon the representations; (5) the other party sustained damages by relying upon the representations..”

   3 later decisions quote this exact passage · from the dissent
   e.g. Wright v. Capella Univ., Inc. · 136 F. Supp. 3d 1300 - Frickey v. Thompson

3. “'The primary rule for interpreting written contracts is to ascertain the parties' intent. If the terms of the contract are clear, the intent of the parties is to be determined from the language of the contract without applying rules of construction.'”

   2 later decisions quote this exact passage · from the majority
   e.g. Matter of Marriage of Moler and Moler · Community First Nat'l Bank v. Nichols