Viramontes v. Fox’s Empirical Analysis

Citation profile

2 district · 53 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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Thus the disagreement was nothing more nor less than an attempt on the part of each party to insist on performance according to his own interpretation of the contract terms... . Under the facts presented we would therefore be unwarranted in holding there was a breach or repudiation by appellee justifying nonperformance by appellant... . A repudiation which may be treated as a breach justifying nonperformance by the other party must be distinct, unequivocal, and absolute refusal to perform according to the terms of the agreement... . As we interpret the authorities, appellant's remedy was to tender performance according to his own interpretation of the agreement, or according to appellee's interpretation reserving his rights as to the proper interpretation of the contract and then the parties could seek relief in the courts for a construction of its terms.”

   1 later decision quote this exact passage
   e.g. Golf Carts, Inc. v. Mid-Pacific Country Club

2. ““The failure of appellee’s wife to sign does not render the agreement void or unenforcible, as contended by appellant. She was named in the agreement and was ready, willing and able to convey her community interest and that is sufficient. Section 57-4 — 3, N.M.S.A., 1953, requiring the wife to sign deeds and mortgages affecting community property has no application to an action for damages on the husband’s executory contract for the sale of community realty and we think it immaterial whether the action is by the vendor or the vendee. * * * ””

   1 later decision quote this exact passage
   e.g. Pickett v. Miller