Wheeler v. Boyd’s Empirical Analysis

Citation profile

3 federal appellate · 39 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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is insisted, also, that if the parties to the transaction were mutually mistaken as to the quantity of the land, ’ defendant is entitled to claim no abatement of the purchase money. The authorities are not in accord upon this question; but we think the decisions of this court recognize that even * in a case where the land is sold in gross, and the quantity stated in the conveyance is qualified by the words 'more or less,’ the purchaser will be relieved in equity, if the deficiency be great. The disparity being gross between the quantity believed by both parties to exist, and that which is found actually to exist, and both having been mutually mistaken, and the quantity being a material element of inducement in the sale, it is but equitable to let the purchaser retain his bargain and to relieve him from payment for that which he does not get. O’Connell v. Duke, 29 Texas, 299 ; Smith v. Fly, 24 Texas 345 ; Walling v. Kennard, 10 Texas, 508 ; Mitchell v. Zimmerman, 4 Texas, 75 .””

   1 later decision quote this exact passage
   e.g. Olvey v. Jones