Case v. Shepherd’s Empirical Analysis

Citation profile

2 federal appellate · 6 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a]n express contract and an implied contract, relating to the same subject matter, can not co-exist.”

   2 later decisions quote this exact passage
   e.g. William T. Bright Ed King Dee Barwick Lowell Lawson Frank Jorgensen Bright of America, Incorporated, a West Virginia Corporation v. Qsp, Incorporated, William T. Bright Ed King Dee Barwick Lowell Lawson Frank Jorgensen Bright of America, Incorporated, a West Virginia Corporation v. Qsp, Incorporated · Bright

2. “"[B]oth express contracts and contracts implied in fact are founded on the mutual agreement of the parties and require a meeting of the minds. The former ... is one in which the terms are stated in parol or in writing, while the latter is a matter of inference or deduction; in other words, the one must be proved by an actual agreement, while in the case of the other it will be implied that the party did make such an agreement as, under the circumstances disclosed, he ought in fairness to have made.””

   1 later decision quote this exact passage
   e.g. 742 F. Supp. 312 - White v. National Steel Corp.