Campbell v. Fair’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘Plaintiff had paid part of the purchase price on the contracts, hut having concluded they were not binding on him because they did not comply with the statute of frauds as to the description of the land, he had declined to make further payments; had not demanded any deed. The defendants had not breached the contracts in any way nor threatened to do so, and did not seek in this suit to enforce them. Plaintiff read and was familiar with the contents of the contracts when he executed them, and no fraud nor mutual mistake existed in procuring them from him.’ ” “These findings are binding upon appellant, and his right to recover the consideration paid appellees for the land is dependent upon the law as applicable to such facts. The law applicable is well settled, and, in our opinion, denies appellant a right to recover. The universal rule seems to be that a vendee may not recover of a vendor money paid as a part of the consideration for land purchased under a contract which is within the statute of frauds, unless he shows a tender of compliance on his part with the contract and a refusal of compliance on the part of the vendor. Cammack v. Prather (Tex.Civ.App.) 74 S.W. 354 ; Bennett v. Giles (Tex.Civ.App.) 12 S.W.(2d) 843 ; 27 C.J. § 438, p. 360; 25 R.C.L. § 372, p. 725, and authorities therein cited. In the last-cited authority this language is found: ‘ * * * and a court of equity in such a case will not decree a rescission of the contract and permit the vendee to recover paym”

   1 later decision quote this exact passage
   e.g. Vick v. McPherson