Walter v. Moore’s Empirical Analysis

Citation profile

1 district · 21 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘we assume that the evidence in favor of the successful party is true leaving out of consideration the evidence of the unsuccessful party in conflict therewith and give to the evidence of the successful party every favorable inference which may reasonably and fairly be drawn from it.’ ” Id. at 751 , quoting Walter v. Moore, Wyo., 700 P.2d 1219, 1222 (1985).”

   3 later decisions quote this exact passage
   e.g. Gasaway v. Reiter · Eddy v. First Wyoming Bank, N.A.-Lander

2. “An essential part of the rescission of a contract is the restoration of the parties to status quo. 17 Am.Jur.2d Contracts § 152. The rule of restoration is one of justice and equity not procedure and, therefore, must be reasonably applied and construed. Id. “It is the general rule that a party seeking to rescind a contract must return the opposite party to the position in which he was prior to entering into the contract. However, this is not a technical rule, but rather it is equitable and requires practicality in readjusting the rights of the parties. The standard used is ‘substantial restoration of the status quo.’ How this is to be accomplished, or indeed whether it can, is a matter which is within the discretion of the trial court, under the facts as found to exist by the trier of the fact.” (Citations omitted.) Smith v. Huber, Colo.App., 666 P.2d 1122, 1124-1125 (1983).”

   2 later decisions quote this exact passage
   e.g. BHP Petroleum Co., Inc. v. Okie · Millheiser v. Wallace

3. “A real estate agent is held to a higher standard in dealing with third parties than are general agents. There is a reason for the distinction between the two types of agency. Real estate salespersons are held to a higher standard concerning duties to third parties, i.e., buyers, because of the peculiar and unique nature of their profession. In the ordinary course of business the buyer will contact a broker or salesperson at a real estate office. The broker or salesperson will obtain information concerning earnings, income, assets, and net worth to ascertain the buyer’s ability to qualify for a loan. The real estate agent will determine the buyer’s wishes with respect to type of dwelling and location. The real estate agent then may spend weeks or months with the buyer showing dwelling houses to him, discussing sale prices, appraisals, values, and suggesting offers that might be made. A close trusting relationship often develops between the two. Offers made are conveyed by the real estate agent. The buyer relies upon his real estate agent for information and advice. The buyer often is not sophisticated and does not understand that the salesperson is the agent of the seller. It is for this policy reason that the real estate agent or broker is held to owe a duty to both the seller who employs him and the buyer to whom real estate is sold. Thus, the real estate agent is vastly different from a general agent whose duty is to represent and act faithfully on behalf of his principal.”

   1 later decision quote this exact passage
   e.g. Waldridge v. Homeservices of Kentucky, Inc.