8 Utah 2d 370 - Andreasen v. Hansen’s Empirical Analysis

Citation profile

37 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]n the event the purchaser fails to pay the balance of the said purchase price or complete said purchase as herein provided, the amounts paid hereon shall, at the option of the seller, be retained as liquidated and agreed damages.”

   2 later decisions quote this exact passage
   e.g. Palmer v. Hayes · 10 Utah 2d 142 - McMullin v. Shimmin

2. “'must be deemed to have kept it for the purpose indicated in the contract, that is, as liquidated damages”

   2 later decisions quote this exact passage
   e.g. McKeon v. Crump · 10 Utah 2d 142 - McMullin v. Shimmin

3. “It was agreed that the sellers, at their option, could retain the amount advanced as liquidated damages if the buyers broke their promise.... [SJuch retention constituted an exercise of the option and precluded the sellers from pursuing any other remedy. It is inconsistent for the sellers to insist on holding the buyers to the terms of the contract and at the same time retain the money that they agreed would be the measure of damages upon breach, if they retained it. Such inconsistency must be resolved against the sellers who not only furnished the printed contract, but who had the power of election.”

   1 later decision quote this exact passage
   e.g. McKeon v. Crump