Dillman v. Hoffman’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We may say, however, in passing, that it is always safest to let written contracts speak for themselves. This rule is .often relaxed with doubtful expediency. Parties ought to make their own contracts complete. Alienations of land are, or ought to be,. grave and deliberate transactions. Every conveyance should contain ‘the certainty of the thing granted’ to the full extent of the grant. What may be expressed enlarging or restricting the grant in particular cases, should not be left to implication. It is often difficult, as the cases show, to determine what shall be implied in conveyances, by way of grant or reservation of easement; what parties, who might have spoken, shall be held to intend by their silence. . . . On principle, therefore, we should be disinclined to enlarge or limit estates granted, by implication of law, further than a general current of decision might oblige us. Such seems to be the policy of our legislation. The common law implied covenants from some words used in conveyances. This is now forbidden by statute (R. S. ch. 86, secs. 5, 6) ; for the reason, we take it, that it is better to leave parties to express their covenants: a reason equally applicable to implied grants and reservations.””

   1 later decision quote this exact passage
   e.g. Frank C. Schilling Co. v. Detry