Rosenbaum v. Evans’s Empirical Analysis

Citation profile

5 federal appellate · 22 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is urged that, in the absence of fraud, one who signs a written instrument, without reading it or acquainting himself with its contents, is estopped by his own negligence from maintaining a suit for its reformation. The respondents both testified that they did not read the deed before signing. We do not think the authorities cited by appellants to sustain this contention are applicable to the facts before us. They, no doubt, announce the correct rule as applied to certain kinds of contracts. We cannot think that the mere failure of either party to a deed to read it operates as a bar to an action for its reformation, based upon error in the description. Mistakes in the description of real property, where it is described by government subdivisions, are easily made. The respondents in good faith believed that they furnished the scrivener with the correct description, and relied upon him to write it in the deed. The rule contended for would be harsh and inequitable if applied here. The rules governing cases of equitable cognizance must be applied with more or less flexibility as the equities of the particular case warrant.””

   2 later decisions quote this exact passage
   e.g. 23 Wash. 2d 109 - Meyer v. Young · Morris v. Hillman Investment Co.

2. “a suit for the specific performance of a contract to convey real estate is a transitory one . . . [which] affects the parties to the action personally, but does not determine the title”

   1 later decision quote this exact passage
   e.g. In Re Marriage of Kowalewski