Gause v. Roden’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The statute of frauds (Vernon’s Ann.Civ.St. art. 3995) requires certain contracts to be in writing, yet the courts hold that: ‘Nothing is better settled as a rule of pleading than that in declaring upon a contract required by the statute of frauds to be in writing, it is not essential to the validity of the pleading that it should aver that such contract was in writing, unless it affirmatively appears from the pleading that the contract was in parol.’ King v. Murray, Tex.Civ.App., 135 S.W. 255, 257 , and authorities cited. Neither from the petition nor the controverting affidavit docs it affirmatively appear that the agreement to pay in Foard County was in parol. “The venue statute (Vernon’s Ann. Civ.St. art. 1995, subd. 5), provides that, if a person has contracted in writing to perform an obligation in a particular county, an exception to the exclusive venue statute arises. If, in declaring upon a contract required to be in writing by the statute of frauds, it is not necessary to the validity of the pleading to allege that such contract was in writing, we see no reason for holding the necessity for alleging in a controverting affidavit that the party sought to be bound agreed in writing to pay in a particular county. “If appellant had appeared at the hearing on the pleas of privilege in [Cause No.] 374 and made a valid objection to the sufficiency of the controverting affidavits, the appellees could have amended such affidavits. Hoffer Oil Corp. v. Brian, Tex.Civ.App., 38 ”

   1 later decision quote this exact passage
   e.g. North Texas Tank Company v. Pittman