Sheets v. Selden’s Empirical Analysis

Citation profile

36 federal appellate · 5 district · 61 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 119 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The grounds upon which a court of equity proceeds are that the rent is the object of the parties, and the forfeiture only an incident intended to secure its payment; that the measure of damages is fixed and certain; and that when the principal and interest are paid the compensation is complete. In respect to other covenants pertaining to leasehold estates, where the elements of fraud, accident, and mistake are wanting, and the measure of compensation is uncertain, equity will not interfere. • It allows the forfeiture to be enforced, if such is the remedy provided by the contract. This rule is applied to the covenant to repair, to insure, and not to assign.””

   3 later decisions quote this exact passage
   e.g. Brewster v. Lanyon Zinc Co. · Rader v. Prather

2. ““In the case of Trustees of the Wabash and Erie Canal v. Brett, the trustees had leased so'much of the surplus water of the canal as might be necessary for the purposes specified. The right was reserved, upon payment for the mill to be built by the lessee, to resume the use of the water leased whenever it might be necessary for navigation, or whenever its use for hydraulic purposes should be found to interfere with the navigation of the canal. It was averred that the trustees had abandoned that part of the canal, and suffered it to go to decay, so that the water power was destroyed and the plaintiff’s mill rendered valueless. The court held that there was no implied covenant to keep the canal in repair, that the express provision for compensation in one case excluded the implication of such rights in all others, and that the plaintiff was without remedy.””

   1 later decision quote this exact passage
   e.g. Matt v. Barlow

3. ““Both courts of law and of equity have power to give relief in cases of this kind. Courts of law give it upon motion, which may be made before or after judgment. If after judgment, it must be made before the execution is executed. The rent due, with interest and costs, must be paid. Upon this being done, a final stay of proceedings is ordered.””

   1 later decision quote this exact passage
   e.g. Davis v. Taylor