Preble v. Abrahams’s Empirical Analysis

Citation profile

2 federal appellate · 53 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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is not strictly accurate to say that the subject matter must be absolutely certain from the writing itself, or 'by reference to some other writing. The true rule is, that the situation of the parties and the surrounding- circumstances, when -the contract was made, can be shown 'by parol evidence, so that the court may be placed in the position of the parties themselves; and if then the subject matter is identified, and the terms appear reasonably certain, it is enough.””

   1 later decision quote this exact passage
   e.g. Korte v. O'Neill

2. ““Parol evidence is always admissible to explain the surrounding circumstances, and situation and relations of the parties, at and immediately before the execution of the contract, in order to connect the description with the only thing intended, and thereby to identify the subject-matter, and to explain all technical terms and phrases used in a local or special sense. (Pomeroy on Contracts, see. 152.) ””

   1 later decision quote this exact passage
   e.g. 66 Cal. App. 2d 609 - Gibson v. De La Salle Institute