Mahan v. Mahan’s Empirical Analysis

Citation profile

2 federal appellate · 39 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A contract is implied in fact where the intention as to it is not manifested by direct or explicit words by the parties, but is to be gathered by implication or proper deduction from the conduct of the parties, language used, or acts done by them, or other pertinent circumstances attending the transaction.”

   4 later decisions quote this exact passage
   e.g. Weller v. Spring Creek Resort, Inc. · Setliff v. Akins

2. “The general rule is that where near relatives reside together as one family the services rendered by one member to another are presumed to be gratuitous. Herein, though farming together, Donald using mostly Norman’s machinery, each maintained his seperate [sic] income and made seperate [sic] decisions as to their farming operations. Evidence showed the work performed for Norman far exceeded the value of the machinery used. Norman even collected the payment for custom work done by the boys. Performance by the claimants on their parts was more than substantially just and fair to constitute an adequate consideration. The presumption has been overcome.”

   1 later decision quote this exact passage
   e.g. In Re the Estate of Gosmire