Fields v. Danenhower’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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is well established that a tender must be without conditions to which the creditor can have a valid objection. [Citations omitted.] If [Fields] had only asked [Danehower] to sign a receipt showing the amount of money paid, this would have been a condition to which [Danehower] would have had no reason to object, for it would have barred [gnone of his rights. But [Fields] had not paid the mortgage debt in full, and there was no statutory or legal requirement that [Danehower] and the Trunkeys should enter a satisfaction in full on the record, or grant a release, or agree that they would not prosecute their claim for a lien for the balance due. Whether the acceptance of the sum tendered would revest the title of the land in the mortgagor freed from the mortgage lien for the unpaid balance of the purchase money was a question which [Danehower] and the Trunkeys had the right to litigate, and to demand of [Danehower] that in accepting the money tendered he and the Trunkeys should sign an agreement which would estop and prevent them form litigating that question was a condition which [Fields] had no right to couple with his tender.”

   1 later decision quote this exact passage
   e.g. McCourt Manufacturing Corp. v. Rycroft