Batchelor v. Mandigo’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““An impecunious but optimistic speculator, who finds a property for sale at such a bargain price that he sees a profit of 200 per cent, if he could buy it and hold it awhile, hurries to a moneyed friend, explains the situation, and says, ‘If you will buy this from the present owner, and then sell it to me on five years’ credit, I will buy it of you at an advance of one-third over what you pay, and make my interest-bearing purchase contract and notes for that total sum.’ The friend agrees, and it is done. Later the buyer concludes that the transaction was a usurious loan to him. * * * [ 3 F.2d at 214 ] * * * * * * “So far as we can find, every case in which the existence of an absolute promise by an ostensible vendee to pay the sum involved has been thought to indicate that the transaction was merely a loan instead of having the character in which it was made to appear, is a case where the contract vendee had parted with his recent title and was arranging to get it back again. In no case was the contract one for the purchase of property which he had never before owned. “In this class are the numerous cases in which it appeared that the owner, perhaps of real estate or perhaps of the accounts receivable in a going business, was hard pressed for funds to save or to benefit his property, and thereupon went through more or less complete forms •of selling his property to another and ■simultaneously agreed to buy it back at an advanced price. It is not important whether the papers s”

   1 later decision quote this exact passage
   e.g. Meridian Bowling Lanes, Inc. v. Brown