Margraf v. . Muir’s Empirical Analysis

Citation profile

2 federal appellate · 51 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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In an action by the lessee against the lessor' for breach of covenant for quiet'enjoyment, the lessee can ordinarily recover only such rent as he has advanced, and such mesne profits as he is liable to pay over; and in cases where the lessor is sued for a breach of a contract to give a lease or to give possession, ordinarily the lessee can recover only nominal damages and some incidental expenses, but nothing for the value of the lease. These rules, however much they may be criticised, must be regarded as settled in this state. But at an early day, in England and in this country, certain eases were declared to be exceptions to these rules, or, more properly speaking, not to be within them, as, if the vendor is guilty of fraud, or can convey, but will not, either from perverseness or to secure a better bargain, or if he has covenanted to convoy, when he knew he had no authority to contract to convey, or where it is in his power to remedy a defect in his title, and he refuses or neglects to do so, or when he refuses to incur expenses which would enable him to fulfill ids contract In all these cases, the vendor or lessor is liable to the vendee or lessee for the loss of the bargain, under rules analogous to those applied in the sale of personal property.””

   1 later decision quote this exact passage
   e.g. Thorley v. Pabst Brewing Co.

2. ““In that case [Pumpelly v. Phelps] the vendee did not know that the vendor had no title. Here he did know it.””

   1 later decision quote this exact passage
   e.g. Thorley v. Pabst Brewing Co.