Nix v. Wick’s Empirical Analysis

Citation profile

2 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In the following cases, every agreement is void unless such agreement or some note or memorandum thereof expressing the consideration is in writing and subscribed by the party to be charged therewith or some other person by him thereunto lawfully authorized in writing: [[Image here]] “(5) Every contract for the sale of lands, tenements or hereditaments, or of any interest therein, except leases for a term not longer than one year, unless the purchase money, or a portion thereof is paid and the purchaser is put in possession of the land by the seller.... ””

   3 later decisions quote this exact passage
   e.g. Bradley v. Bauldree · Min Quin Shao v. Corley

2. ““In this case, the [purchasers] contend, based on the language in the [option contract], that the survey contemplated by the [option contract] ‘is the key’ that satisfies the exception stated in Goodwyn and Mullinax . Specifically, they argue that the [defendants] ‘admitted at their depositions that a surveyor could go out and fulfill the contractual requirements of surveying and rezoning the acreage to the left of the house, including the 40 feet of road frontage, and sell the land to’ the [the purchasers] .... The [defendants], however, correctly note that the survey relied on by the [purchasers] does not yet exist and did not exist at the time the [sales] contract was executed. The exception stated in Goodwyn and Mullinax allows a general description to be made certain by ‘concurrent facts and circumstances.’ Goodwyn, 288 Ala. at 75 , 257 So.2d at 323 (emphasis added). The general description of the property referenced must be capable of being made certain at the time the parties contracted. Reference to a description not yet in existence cannot bring the [sales] contract within the exception. “Additionally, as in Mullinax , the language of the [sales] contract does not sufficiently identify the land to be sold; indeed, the [sales] contract does not describe the land to be sold. The only identification of the land in the contract could refer to any number of ‘at least’ five-acre configurations of the land adjacent to the property located at 296 West Shugart Ridge. Furtherm”

   1 later decision quote this exact passage
   e.g. Min Quin Shao v. Corley

3. ““The trial judgment correctly observed that the Statute of Frauds does not invalidate a contract merely because it contains ' “a general uncertain description[, where that description] can be made specific and certain by parol evidence of concurrent facts and circumstances sufficient to that end.’” Goodwyn v. Jones, 288 Ala. 71, 75 , 257 So.2d 320, 324 (1971) (emphasis added) (quoting Dobson v. Deason, 248 Ala. 496, 498 , 28 So.2d 418, 419 (1946)). However, the instrument must at least ‘“furnish the means of identification, or, as some cases have it, ... provide the ‘key’ to the identification, the applicable principle being that that is certain which can be made certain.” ’ Goodwyn, 288 Ala. at 76 , 257 So.2d at 324 (emphasis added) (quoting Annotation, Statute Frauds-Description of Land, 23 A.L.R.2d 6 , 12-13 (1952)). [[Image here]] “The instruments involved in this case ... are not so directly linked to clearly established facts and circumstances that the description of the property can be ‘made certain.’ ... [[Image here]] “It is undisputed that the instruments involved in this case do not describe the property to which they refer. More significantly, the ‘legal description’ referenced in the instruments could refer to either of two parcels of significantly different dimensions.””

   1 later decision quote this exact passage
   e.g. Min Quin Shao v. Corley