Witt v. McCrohan’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A greater degree of certainty is required in the terms of a contract which is to be specifically enforced in equity than is necessary in one which is to be made the basis of an action at law for damages. A multitude of authorities on the point under discussion are collated in 65 A.L.R. at page 102. “ 'It is an elementary principle governing courts of equity in the exercise of this jurisdiction, that a contract will not be specifically enforced unless it is certain in its terms, or can be made certain by reference to such extrinsic facts as may, within the rules of law, be referred to, to ascertain its meaning,’ Stanton v. Miller, 58 N.Y. 192, 200 . “And, finally, in Texas it is decided that: ‘A contract is certain and definite in its terms if it leaves no reasonable doubt as to what the parties intended and no reasonable doubt of the specific thing equity is called upon to have performed.’ Wilson v. Beaty (Tex.Civ.App.) 211 S.W. 524 .” In Wilson v. Beaty supra the court said [ 211 S.W. 527 ]: “It can be fully admitted that a contract for the sale of real estate could not be specifically enforced when there is no certainty as to the time of payments of the purchase money, as has been held by different courts. Luzadher [Luzader] v. Richmond, 128 Ind. 344 , 27 N.E. 736 ; Gates v. Gamble, 53 Mich. 181 , 18 N.W. 631 ; Shumway v. Kitzman, 28 S.D. 577 , 134 N.W. 325 ; Zimmerman v. Rhoads, 226 Pa. 174 , 75 A. 207 .””

   1 later decision quote this exact passage
   e.g. Bryant v. Clark