Goodson & Koski v. Smith’s Empirical Analysis

Citation profile

8 federal appellate · 2 district · 31 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A party cannot have relief against a contract or other obligation into which he has entered in ignorance of material facts or under a mistake as to such facts, where no fraud or imposition was practised upon him, and his ignorance or mistake is entirely due to his own negligence or lack of proper attention, or to the failure to exercise such reasonable care and thoughtfulness as may be expected in business transactions from men of ordinary care and prudence. Thus, for example, one who is too careless or too confiding to acquaint himself with the contents of a written instrument presented to him for his signature * * cannot ordinarily base a claim to relief in equity on the fact that he was mistaken as to its identity, terms or purport.””

   1 later decision quote this exact passage
   e.g. Superior Oil Co. v. Vanderhoof

2. ““A suit to cancel or set aside or to reform an instrument is within the jurisdiction of equity, and in such suits there is no right to a jury trial. Thus there is no right to a jury trial in a suit to have a deed, absolute on its face, declared a mortgage, except where the constitutional right to a jury trial applies to equity as well as to law cases. The right to a jury trial is not involved where additional relief, such as a money judgment, a judgment quieting title to, or awarding possession of property, or foreclosing a mortgage, is also demanded, where such additional relief is merely incidental to, and dependent on, the cancellation or reformation of the instrument.””

   1 later decision quote this exact passage
   e.g. Davidek v. Wyoming Investment Co.

3. “When a contract is payable to two or more parties jointly . . . payment may be made to either of them . . . If they choose to have it payable to them jointly, they ordinarily manifest thereby that they have mutual confidence in each other. The respective interests which they have therein may be equal or unequal. And so it is said that 'the obligor is not bound to hunt up each joint obligee, and pay him his distributive share.' Perry & Minor v. Perry's Ex'r., 98 Ky. 242, 32 S.W. 755, 756.”

   1 later decision quote this exact passage
   e.g. Cayce v. Carter Oil Co.