Diamond v. Hodges’s Empirical Analysis

Citation profile

12 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““An optional acceleration of maturity of a note can be waived by the acts and words of one who holds right of election, as was held by our Supreme Court in San Antonio Real Estate Bldg. & Loan Ass’n v. Stewart, 94 Tex. 441 , 61 S.W. 386, 389 , 86 Am.St.Rep. 861 , as follows: ‘But, aside from this, while neither party by his separate action or non-action could impair the rights of the other, each could waive his own rights as they accrued from the default in payment of an installment so as to estop him from relying on such default. To accomplish this, it would only be necessary that each should so act as to justify the other in believing and acting upon the belief that the effect of the failure to pay an installment was to be disregarded, and that the contract should stand as if there had been no default. The principle of estoppel by waiver would, we think, have proper application in such a case.’ ” Diamond v. Hodges, 58 S.W.2d 187, 188 (Tex.Civ.App.—Dallas 1933, no writ).”

   2 later decisions quote this exact passage
   e.g. Vaughan v. Crown Plumbing & Sewer Service, Inc. · 93 F. Supp. 3d 725 - Callan v. Deutsche Bank Trust Co. Americas