Allen v. Young’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * In no other class of cases is correspondence between the allegations of the bill and the proof produced to establish them more rigidly exacted. It is not sufficient that some agreement be proved. If the evidence fails to ■satisfactorily establish the particular .agreement alleged in the bill, or leaves any of its material terms in doubt or uncertainty, equity will not lend its aid to enforce its specific performance. ■'The complainant’s case must be clearly made out, in harmonious pleading •and proof, to entitle him to a decree.’ Daniel v. Collins, 57 Ala. 625 ; Bogan v. Daughdrill, 51 Ala. 312 ; [Iron Age] Publishing Co. v. [Western Union] Telegraph Co., 83 Ala. 498 , 3 South Rep. 449. j}c jjt “In Aday v. Echols, 18 Ala. 353 , where the specific performance of a parol contract for the sale of land was ■sought, that relief was refused, though 'there had been a partial payment, because the proof left it uncertain wheth<er the payments were to be made in four or five equal annual installments; the bill alleging that they were to be made in five. And in Goodwin v. Lyon, 4 Port. (Ala.) 297, specific performance of a contract of the same nature was denied because the evidence failed to show with certainty the time of payment of the purchase money, and the amount of each payment, though the vendee had made partial payment, and taken possession. * * * ””

   2 later decisions quote this exact passage
   e.g. Burt v. Moses · Tensaw Land & Timber Co. v. Covington