Andrews v. Horton’s Empirical Analysis

Citation profile

2 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. ““ ‘Public policy’, it has been said, is a term of vague and uncertain meaning, and few cases can arise in which its application may not be disputed. (Spence v. Harvey, 22 Cal. 336 [83 Am.Dec. 69]; Wells, Fargo & Co. v. Enright, 127 Cal. 669 [ 60 P. 439 , 49 L.R.A. 647 ].) ‘The power of the courts to declare a contract void for being in contravention of sound public policy is a very delicate and undefined power, and, like the power to declare a statute unconstitutional, should be exercised only in cases free from doubt. ’ (Stephens v. Southern Pacific Co., 109 Cal. 86 [ 41 P. 783 , 50 Am.St.Rep. 17 , 29 L.R.A. 751 ].)””

   1 later decision quote this exact passage
   e.g. 58 Cal. App. 2d 11 - National Automobile Insurance v. Winter

2. “[O]ne party cannot compel another party to perform while he is himself in default under the contract.”

   1 later decision quote this exact passage
   e.g. Kyocera Corporation v. Prudential-Bache Trade Services Inc