Brey v. Tvedt’s Empirical Analysis

Citation profile

2 district · 11 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Section 9-0604, NDRC 1943: “The following contracts are invalid, unless the same or some note or memorandum thereof is in writing and subscribed by the party to be charged, or by his agent: * * * “4. An agreement for the leasing for a longer period than one year, or for the sale, of real property, or of an interest therein. Such agreement, if made by an agent of the party sought to be charged, is invalid unless the authority of the agent is in writing subscribed by the party sought to be charged.” Section 47-1001, NDRC 1943: “An estate in real property, other than an estate at will or for a term not exceed ing one year, can be transferred only by operation of law or by an instrument in writing, subscribed by the party disposing of the same or by his agent thereunto authorized by writing. This does not abridge the power of any court to compel the specific performance of any agreement for the sale of real property in case of part performance thereof.””

   1 later decision quote this exact passage
   e.g. Syrup v. Pitcher

2. ““9-0604. Contracts Invalid Unless in Writing: Statute of Frauds. The following contracts are invalid, unless the same or some note or memorandum thereof is in writing and subscribed by the party to be charged, or by his agent: ****** “4. An agreement * * * for the sale, of real property, or of an interest therein.” “47-1001. Method of Transfer. An estate in real property, other than an estate at will or for a term not exceeding one year, can be transferred only by operation of law or by an instrument in writing, subscribed by the party disposing of the same or by his agent thereunto authorized by writing. * * * ””

   1 later decision quote this exact passage
   e.g. Hartman v. McNamara

3. ““The vendor and the bidder were both present at and for a time after the auction. They being the principal parties, could have entered into a sufficient memorandum between themselves.””

   1 later decision quote this exact passage
   e.g. Gerhardt v. Fleck