Brazee v. Morris’s Empirical Analysis

Citation profile

4 district · 34 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Fraud is never presumed. Nor can it be found to exist on a mere suspicion as to the possibilities thereof. [Citing cases.] It must be established by clear and convincing evidence. * * * ””

   2 later decisions quote this exact passage
   e.g. Honk v. Karlsson · Holaway v. Realty Associates

2. ““In Harrison v. Roark, 31 Ariz. 73 , 250 P. 367 , 368 we defined actual fraud in these words: ‘When the party intentionally, or by design, misrepresents a material fact, or produces a false impression in order to mislead another, or to entrap or cheat him, or to obtain an undue advantage over him, in every such case there is a positive fraud, in the truest sense of the terms.’ Willink v. Vanderveer, 1 Barb., N.Y., 599, 607.””

   1 later decision quote this exact passage
   e.g. 5 Ariz. App. 304 - Sarwark Motor Sales, Inc. v. Husband

3. “From the record we can say as a matter of law that no confidential relationship can be found to have existed between the parties. Brazee was neither a relative, confidant, nor advisor of Morris, and they operated at arm’s length throughout all of their dealings. 68 Ariz. at 229 , 204 P.2d 475 .”

   1 later decision quote this exact passage
   e.g. Rhoads v. Harvey Publications, Inc.