Andrews v. Rue’s Empirical Analysis

Citation profile

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

1. ““The mere enumeration of the quantity of land at the end of a particular description of the premises by courses, distances and boundaries, however precise, is held to be matter of description merely, and is subject to the other controlling specifications. And this is for obvious reasons. If the boundaries are there, they are the most certain objects, and can readily be found; by them the courses and distances can easily be ascertained; and the quantity is mere matter of computation. If the party purchasing chose, therefore, to . trust the measurement of others, asked for no warranty of contents, shows no fraud in the seller, and gets the land he bargained for by the general designation of a farm, within known boundaries and enclosures, the law will not aid him because he did not get the quantity of land he supposed, and which the seller in good faith thought he was conveying. “Under these circumstances, there is no implied covenant that the land shall contain the exact number of acres named in the deed, and the covenants for title apply to the premises contained within the boundaries, and not to any enumeration of acres.””

   1 later decision quote this exact passage · from the majority
   e.g. Smith v. Hartung