79 Cal. App. 621 - Watson v. Fisher’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The rule regarding the admission of parol testimony covering the prior negotiations and understandings of the parties to a written contract is also well settled. When words of a doubtful meaning are used in a writing parol testimony is admissible to show the common meaning of the words used but it is not admissible to show the private understandings of the parties as to the meaning of such words. This rule is aptly stated by Mr. Justice Holmes in Goode v. Riley, 153 Mass. 585, 586 [ 28 N.E. 228 ], as follows: ‘You cannot prove a mere private convention between the two parties to give language a different meaning from its common one. ... It would open too great risks if evidence were admissible to show that when they said five hundred feet they agreed it should mean one hundred inches, or that Bunker Hill Monument should signify the Old South Church ... an artificial construction cannot be given to plain words by express agreement. . . .’ ””

   1 later decision quote this exact passage
   e.g. 91 Cal. App. 2d 434 - Orton v. Embassy Realty Associates, Inc.