427 So. 2d 118 - Johnson v. Brewer’s Empirical Analysis
1983
Citation profile
1 federal appellate · 19 state decisions
How this case has been cited
Cited by 25 later decisions — most recently March 2011 · most notably 498 So. 2d 809 - Norris v. Norris (1986), Ross v. Citifinancial, Inc. (2003)
1 federal appellate · 19 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Ham v. Ham · McMahon v. McMahon · Fornea v. Goodyear Yellow Pine Co. · Hunt v. Sherrill · Penn Mut. Life Ins. v. Nunnery
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) A representation; (2) its falsity; (3) its materiality; (4) the speaker's knowledge of its falsity or ignorance of its truth; (5) his intent that it should be acted on by the person and in the matter reasonably contemplated; (6) the hearer's ignorance of its falsity; (7) his reliance upon its truth; (8) his right to rely thereon; (9) his consequent and proximate injury.”
4 later decisions quote this exact passage“"... this Court has been liberal in reviewing transactions, where one party might have the advantage over another in experience, knowledge, and wisdom, to determine whether an overreaching, deceit or fraud has been practiced on the disadvantaged person. In the case of Fornea v. Goodyear Yellow Pine Co., 181 Miss. 50 , 178 So. 914 (1938), this Court said: In the light of the fact that people are not prudent, and may at times be unjustifiably imposed upon, this Court has been liberal in reviewing transactions where one party might have the advantage over another party in experience, knowledge, and wisdom; but in the absence of fraud, deceit, or fiduciary relations of some kind, the Court cannot relieve a person from the consequences of his acts merely because he had not acted prudently or diligently about his contracts or other matters. ( 181 Miss. at 65-66 , 178 So. at 918 ). (Emphasis added)."”
3 later decisions quote this exact passage“Being able to observe the demeanor of the witnesses, to scrutinize their reactions and responses to the questions propounded by counsel, puts the fact trier in a uniquely superior position to glean the truth from testimony.”
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.