Bates v. Lefforge’s Empirical Analysis

Citation profile

1 federal appellate · 16 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The undisputed evidence shows that in the making of the lease contract, the lessee Lefforge through Holman, his agent, agreed to pay for the street improvements, if any were made during the life of the lease, and if the attorney who drew the contract mistook its terms so that the writing did not represent the real agreement of the parties, there was such a mutual mistake as entitled the plaintiff, Bates, to a reformation of the contract expressive of such real agreement. Kelley v. Ward, 94 Tex. 289 , 60 S.W. 311, 313 . In said case Judge Williams quotes with approval from Albany City Savings Institution v. Burdick, 87 N.Y. 40 , the following: ‘It is the general rule that where a written instrument fails to conform to the agreement between the parties in consequence of the mutual mistake of the parties, however induced, * * * a court will reform the instrument so as to make it conform to the actual agreement between the parties,’ and where the testimony is undisputed as to the circumstances the question then becomes a question of law for the court. Turner v. Montgomery, Tex.Com.App., 293 S.W. 815 .””

   1 later decision quote this exact passage
   e.g. Temple Electric Supply, Inc. v. Simmons