Donald v. Davis’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““An ‘unfounded claim,’ we conclude, is one without foundation in fact or law. * * * “A large per cent of contested suits are lost because alleged causes of action are based on ‘unfounded claims’ as that phrase is herein defined. The appellee was in no different situation than thousands of litigants who have lost cases for the same reason. He had a right to sue or threaten suit on the unfounded claim and the appellant to defend against it. There are some general statements by courts and text writers to the effect that if such threats are made in bad faith or without probable cause, and with no belief in the existence of a cause of action, contracts induced thereby are voidable, and are subject to cancellation. * * * There is no charge here that the appellee acted in bad faith, or that he had no belief in the existence of a cause of action; * * Donald v. Davis, 49 N.M. 313 , 163 P.2d 270, 272 (1945).”

   1 later decision quote this exact passage
   e.g. 13 Ariz. App. 49 - McGrath v. Bill Johnston Golf Properties, Inc.