Marsh v. Whitmore’s Empirical Analysis

Citation profile

22 federal appellate · 7 district · 33 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 122 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘The character of vendor and that of purchaser cannot be held by the same person. They impose different obligations. Their union in the same person would at once raise a conflict between interest and duty, and, constituted as humanity is, in the majority of cases duty would be overborne in the struggle .... The complainant could have treated the purchase made by the defendant as a nullity .... But unfortunately for him there is more in the case. He has adopted and approved of the transaction .... Had he at once denied the validity of the transaction, or by any declaration or proceeding indicated any dissatisfaction with it, or even refrained from expressions of approval, he would have stood in a court of equity in a very different position.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. Cobb v. Newman