Edwards v. Hale’s Empirical Analysis

Citation profile

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. ““Taken alone, discarding the fact that a tenancy from year to year existed between these parties when it was.made, it does show a lease for a specific term by .Edwards to Hale. Hale could not in its face deny that he became Edwards’ tenant in that property for a certain term, yielding certain rent. But, as a tenancy from year to year existed at the time, the question is, Did it supplant that tenancy? Roberts, Frauds, p. 254, states the law thus: ‘A surrender in law of a lease in possession is implied in the acceptance of a new lease from the reversioner; for, if the lessee accept a new lease from his lessor, he admits and affirms his lessor’s ability to make such new lease, which could "not be done by him if the old lease stood in. his way.’ Same doc.trine in Wood, Dandi. & Ten. p. 492; 2 Tayl. Dandi. & Ten. p. 512; 2 Domax, Dig. 105. ‘Where, pending a lease, a second lease is made, containing stipu lations inconsistent with the former lease, the latter shall prevail; the presumption being that a surrender of the old one was intended.’ Wood, Landl. & Ten. p. 492.” ,”

   1 later decision quote this exact passage
   e.g. United States v. Abrams