William Smith v. Guy Richards’s Empirical Analysis

Citation profile

56 federal appellate · 8 district · 38 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 133 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"And even if tho party innocently misrepresents a fact, by mistake, it is equally conclusive; for it operates as a surprise and imposition on tile other party. Or, as Lord Thurlow expresses it, in JSevill v. Wilkinson, ‘It misleads the parties contracting, on the subject of the contract.’ ””

   3 later decisions quote this exact passage · from the majority
   e.g. Kimber v. Young · Fay v. Hill

2. ““ ‘Where the party, intentionally, or by design, misrepresents a material iact, or produces a false impression, in order to mislead another, or to entrap or cheat him, or to obtain an undue advantage of him, in every such case, there is a positive fraud, in the truest sense of tho terms; there is an evil act, with an evil intent; dolum malum, ad eireumveniendum. And the misrepresentation may bo as well by deeds or acts, as by words; by artifices to mislead, as by positive assertions.’ ””

   2 later decisions quote this exact passage · from the majority
   e.g. Fay v. Hill · 415 F. Supp. 997 - United States v. Mandel

3. ““We think we may safely lay down the principle that whenever a sale is made, of property not present but at a remote distance, which the seller knows the purchaser has never seen, but which he buys upon the representation of the seller, relying upon its truth, then the representation in effect amounts to a warranty; at least, that the seller is bound to make good the representation.” •”

   2 later decisions quote this exact passage · from the majority
   e.g. Henderson v. Henshall · Martin v. Burford