Newman v. Kay’s Empirical Analysis
1905
Citation profile
20 state decisions
How this case has been cited
Cited by 21 later decisions — most recently July 2005
20 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Grymes v. Sanders · United States v. County of Clark · 8 W. Va. 406 - Western Mining & Manufacturing Co. v. Peytona Cannel Coal Co. · Rohrbach v. . Germania Fire Ins. Co. · O'Connell v. Duke
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The language may be such, however, as to make quantity the controlling element in the description. Id. § 1045; 1 Jones on Real Property, §§ 398, 401; Strickland v. Hutchinson, 123 Ga. 396 . In 4 Kent’s Com. (14th ed.) , it is said: “Whenever it appears by definite boundaries, or by words of qualification, as ‘‘more or less/ or as ‘containing by estimation/ or the like, that the ¡statement of the quantity of acres in the deed is mere matter of ■description, and not of the essence of the contract, the buyer takes the risk of the quantity, if there be no intermixture of fraud in”
1 later decision quote this exact passage · from the majoritye.g. Kendall v. Wells
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.