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← 445 Pa. Super. 305 - Brown v. Herman

445 Pa. Super. 305 - Brown v. Herman’s Empirical Analysis

1995

Citation profile

10
cited by 10 later decisions
1
states following
July 2008
most recently cited

8 state decisions

Relationships

Relies on Karis v. Karis · Krupinski v. Vocational Technical School Eastern Northampton County · Buttermore v. Aliquippa Hospital · 360 Pa. Super. 597 - Sparler v. Fireman's Insurance Co. of Newark · 255 Pa. Super. 381 - Grubb v. Albert Einstein Medical Center

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. “[T]he effect of a release is determined by the ordinary meaning of the language ... This court [has] held that the release, extending to “any and all persons,” was intended to release an individual not named in the release and who paid no consideration for the release. Mutual mistake will afford a basis for reforming a contract. Mutual mistake exists, however, only where “both parties to a contract [are] mistaken as to existing facts at the time of execution.” Moreover, to obtain reformation of a contract because of a mutual mistake, the moving party is required to show the existence of the mutual mistake by evidence that is clear, precise and convincing.”
    1 later decision quote this exact passage · from the dissent

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.