Palermo v. Allen’s Empirical Analysis

Citation profile

29 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Restrictive covenants which equity enforces between purchasers inter sese are those that have been imposed by a common vendor or the original owner of a tract of land in pursuance of a general plan for the development and improvement of the property. [Citing cases.] An action is not maintainable between purchasers not parties to the original covenant where it does not appear that the covenant was entered into to carry out some general scheme or plan for the improvement or development of the property, or it does not appear that the covenant was entered into for the benefit of the land, or it appears that the covenant was not entered into for the benefit of subsequent purchasers, but only for the benefit of the original covenantee. (Citations.) ífc íjí S]< í|C -fc “ ‘It takes two to make a contract. There must be a meeting of the minds of both parties thereto. The mere fact that the vendor in the exaction of uniform building restrictions had in his own mind a general plan or scheme of improvement falls short of establishing even his own intention that such restrictions shall be for the benefit of any one other than himself, and much less does it establish such a meeting of minds between him and his grantee as is necessary to create a contract. Given such intention in the mind of the grantor, there must have co-existed a like intention in the mind of his grantee * * ””

   1 later decision quote this exact passage
   e.g. 4 Ariz. App. 517 - R & R REALTY CO. v. Weinstein

2. ““The intention of both parties to a particular deed must have been to impose equitable servitudes. O’Malley v. Central Methodist Church, supra. That the grantor may have had such an intention may possibly he implied from his insertion of restrictions in all deeds, but the intention of the grantee who was not a party to the deeds to other parcels obviously may not be so implied. Pierson v. Canfield, supra. “The intention of the parties should he ■determined by a fair interpretation of the grant or reservation creating the easement. As was said in Berryman v. Hotel '.Savoy [citations omitted] : ‘It seems to us that in all these cases it is better to get at the intention * * * from the language of the deed, interpreted in the light of the attending circumstances, than to conjecture the intent from the circumstances, and then to make the language of the deed bend to that.’ ” (Italics supplied.)”

   1 later decision quote this exact passage
   e.g. 4 Ariz. App. 517 - R & R REALTY CO. v. Weinstein

3. “An action is not maintainable between purchasers not parties to the original covenant where it does not appear that the covenant was entered into to carry out some general scheme or plan for the improvement or development of the property, or it does not appear that the covenant was entered into for the benefit of the land, or it appears that the covenant was not entered into for the benefit of subsequent purchasers, but only for the benefit of the original covenantee.”

   1 later decision quote this exact passage
   e.g. Federoff v. Pioneer Title & Trust Co.