Dunken v. Guess’s Empirical Analysis

Citation profile

6 federal appellate · 8 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * In Glock v. Howard & Wilson Colony Co., 123 Cal. 1 , 55 P.713, 43 L.R.A. 199 , 69 Am.St.Rep. 17 , in a well considered opinion, it was decided : ‘If a vendee does not complete his payments as stipulated in his contract to purchase, the vendor may always retain the moneys received by him, unless the vendee shows some equitable ground for relief, and it is not material whether or not the contract stipulated that the vendor might retain such moneys.’ “The court said: ‘When an equitable showing is not made to excuse the breach, the vendor has the right in equity, as he always has at law, to retain the moneys paid by the vendee.’ “The court quoted the language of the Supreme Court of the United States employed in Hansbrough v. Peck, 5 Wall. 497 , 18 L.Ed. 520 , as follows: ‘No rule in respect to the contract is better settled than this: that the party who has advanced money or done an act in part performance of the agreement, and then stops short, and refuses to proceed to its ultimate conclusion, the other party being ready and willing to proceed and fulfill all his stipulations according to the contract, will not be permitted to recover back what has thus been advanced or done.’ ””

   1 later decision quote this exact passage
   e.g. Melfi v. Goodman