31 Mich. App. 698 - Dault v. Schulte’s Empirical Analysis

Citation profile

3 federal appellate · 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A contract may be “ ‘effectually rescinded by the actions of the parties where they mutually abandon all further performance under it, and treat it as at an end, neither seeking to hold the other to any accountability under it.’ ” Young v. Rice, 234 Mich. 697, 700 , 209 N.W. 43 (1926), quoting Black on Rescission, § 1251 et seq. “The abandonment of a contract is a matter of intention to be ascertained from the facts and circumstances surrounding the transaction from which the abandonment is claimed to have resulted.” Dault v. Schulte, 31 Mich.App. 698, 701 , 187 N.W.2d 914 (1971), quoting 17A Am Jur 2d, Contracts, § 543. “An abandonment of a contract need not be express but may be inferred from the conduct of the parties and the attendant circumstances. A contract will be treated as abandoned when acts of one party, inconsistent with the existence of the contract, are acquiesced in by the other party.” Dault, 31 Mich.App. at 701 , 187 N.W.2d 914 .”

   3 later decisions quote this exact passage
   e.g. Gomba Music Inc. v. Avant · Baker v. Estate of Seat