Nippolt v. Kammon’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““This is an action to enforce specific performance of an agreement to convey real estate. The defendant had judgment below. The sufficiency of the description is the only matter involved. The description is: ‘The following described real estate, situated in Dakota County and state of Minnesota, to-wit: Five acres, lot 3, sec. 23, town 28, range 23.’ No means are given by which to determine what five acres in lot 3 is intended. When such an agreement contains sufficient elements of description, of course parol evidence may, and indeed must, be resorted to, to apply the description to the specific piece of land supposed to be intended; in other words, to show that a specific piece answers to the description in the writing. But the writing must be a guide to find the land,- — must contain sufficient particulars to point out and distinguish the piece from any other — so that when the description in the writing is laid beside the description of a particular piece, it may be seen with certainty that ,the latter was intended by the former.””

   1 later decision quote this exact passage
   e.g. Noland v. Haywood