Faulks v. Kamp’s Empirical Analysis

Citation profile

5 federal appellate · 2 district ·

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

1. ““It is argued for the defendants that as the conveyances were of the right, title, and interest of the grantors, the warranty would only extend to whatever right they might have which did pass, and that the warranty was kept, but the conveyances were made to carry out the sale in the manner required by law for passing the title, and the warranty grew out of the sale, and not out of the form of the conveyance, and the patent subsequently purchased by the defendants may be better than this for covering this invention, but, if it is, it cannot help the defendants as against the orators. It is a familiar law, and has been for a long time, that a warranty of title or right to it draws to it any after-acquired right or title of the warrantor, and carries it to the benefit of the person to whom the warranty runs. So, whatever right, if any, the defendants acquired to the invention covered by this patent, inured to the benefit of the orators. It is also urged that the purchasers knew of the defects, and were not deceived, and that, therefore, the defendants are not estopped. But the rights of the orators do not rest .on estoppel merely; they rest upon the purchase, which must .operate so that the orators may have what they bought, and so that the defendants shall not both sell and keep the same thing.””

   1 later decision quote this exact passage
   e.g. Curran v. Burdsall