Davis v. Sittig’s Empirical Analysis

Citation profile

17 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 proposition is universal that no. action arises, in equity or at law, from an illegal contract; no suit can be maintained for its specific performance, or to recover the property agreed to be sold or delivered, or the money agreed to be paid, or damages for its violation.’ Pomeroy Eq., 940. “As between the parties to such a contract, who are in equal fault, no right exists which a court of justice will enforce. “ ‘If the contract has been voluntarily executed and performed, a court of equity will not, in the absence of controlling motives of public policy to the contrary, grant its aid by decreeing a recovery back of the money paid or the property delivered, or a cancellation of the conveyance or transfer. As long as the contract is executory, it cannot be enforced in any kind of an action brought directly upon it. The illegality constitutes an absolute defense.’ Pomeroy Eq., 940. “And this is so for reasons of public policy, and not from regard for the interest of either party to such a contract.”

   2 later decisions quote this exact passage
   e.g. Faddell v. Taylor · Woolsey v. Panhandle Refining Co.