Tobin v. Ruman’s Empirical Analysis

Citation profile

14 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It must affirmatively appear by the terms of the contract, that its stipulations are not to be performed within a year after it is made, in order to bring it within the provisions of the statute of frauds. The Statute of Frauds has always been held to apply only to contracts which, by the express stipulations of the parties, were not to be performed within a year, and not to those which might or might not upon a contingency, be performed within a year. The one year clause of the Statute of Frauds has no application to contracts which are capable of being performed within one year of the making thereof.”

   1 later decision quote this exact passage
   e.g. Sweet v. Indianapolis Jet Center, Inc.

2. “Thus, a claimant who brings both a breach of contract and a fraud claim must prove that (1) the breaching party committed the separate and independent tort of fraud; and (2) the fraud resulted in injury distinct from that resulting from the breach.”

   1 later decision quote this exact passage
   e.g. America's Directories Inc. v. Stellhorn One Hour Photo, Inc.

3. “directly relates to the time that an employee works, is paid with regularity, and is not dictated by the employer's financial success.”

   1 later decision quote this exact passage
   e.g. Quezare v. Byrider Finance, Inc.