DeWitt v. Lutes’s Empirical Analysis

Citation profile

15 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A compromise settlement is a contract and, in the absence of specific statute, need not be in writing ... unless the subject matter of the compromise is within the Statute of Frauds. In determining whether the Statute of Frauds is applicable to a compromise settlement, the courts are concerned with the intended effect of the compromise, and not with the question whether the parties’ antecedent claims are based on matters governed by the Statute of Frauds. If the compromise itself does not fall within the scope of the statute, then the statute is inapplicable to the compromise. Since a compromise which fixes a disputed or uncertain boundary line is not considered to involve a conveyance of land or passage of title, but is considered as an effort merely to clarify and give effect to the title ... such an agreement is neither within the Statute of Frauds nor within the scope of the statutes regarding conveyance of real estate.”

   1 later decision quote this exact passage
   e.g. McPherson Redevelopment Corp. v. Shelton

2. “parties to disputes have a right to waive their day in court and to equitably compromise and settle their differences, as it is the policy of the law to encourage freedom of contract and peaceful settlement of disputes.”

   1 later decision quote this exact passage
   e.g. Owen v. Hankins

3. “review[s] upon the law and the evidence, as in suits of an equitable nature, giving due regard to the opportunity of the trial court to judge the eredibility of the witnesses.”

   1 later decision quote this exact passage
   e.g. Owen v. Hankins