Chester v. . Dickerson’s Empirical Analysis

Citation profile

5 federal appellate · 3 district · 62 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 80 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Most of the conflict in the authorities has arisen in controversies about the title to real estate after the dissolution ■ of the partnership or the death of one of the partners. But suppose two persons, by parol agreement, enter into' a partnership tO' speculate in lands, how do they come in conflict with the statute of frauds? No estate or interest in land has been granted, assigned, or declared. When the agreement is made no- lands are owned by the firm, and neither party attempts to convey or assign any to the other. The contract is a valid one, and in pursuance of this agreement they go on and buy, improve and sell lands. While- they are doing this, do they not act as partners and bear a partnership relation to each other? Within the meaning of the statute in such case neither conveys nor assigns any land to -the other, and hence there is no conflict with the statute. The statute is not so broad as to- prevent proof by parol of an interest in lands; it is simply aimed at the creation or conveyance of an estate in lands without a writing.””

   1 later decision quote this exact passage
   e.g. Thompson v. McKee