Artman v. O'Brien’s Empirical Analysis

Citation profile

2 federal appellate · 7 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The sales contract was an executory agreement, the essence of which was the ultimate exchange of title and purchase price. An adjustment for credits and charges for items not initially ascertainable was inherent in the sales contract. The parties thereafter executed a new contract by executing the closing agreement, which modified the original sales contract by substituting new obligations. The warranty deed was then executed and accepted in accordance with the modified agreement. Absent fraud or mistake, the terms of the modified contract were binding on the parties. 91 C.J.S. Vendor and Purchaser §§ 113, 119; Davis v. Culmer, 221 Mo.App. 1037 , 295 S.W. 803 [3-6]; Rice v. Provident Life & Accident Ins. Co., 231 Mo.App. 560 , 102 S.W.2d 147 [6].””

   1 later decision quote this exact passage
   e.g. SG Payne & Company v. Nowak

2. ““No rule of law is better settled than that where a deed has been executed and accepted as performance of an executory contract to convey real estate, the contract is functus officio, and the rights of the parties rest thereafter solely on the deed.” (Quoting from 2 Devlin on Deeds (3d Ed.) p. 1570, § 850e).”

   1 later decision quote this exact passage
   e.g. Estate of Kielhafner v. Kielhafner