Otis & Co. v. Grimes’s Empirical Analysis
1935
Citation profile
6 federal appellate · 8 district · 26 state decisions
How this case has been cited
Cited by 48 later decisions — most recently November 2014 · most notably 228 F. Supp. 757 - Trussell v. United Underwriters, Ltd. (1964), O'Connor v. Rf Lafferty & Company Inc (1992)
6 federal appellate · 8 district · 26 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Ultramares Corp. v. Touche · Cooper v. Schlesinger · Sellar v. Clelland · Chandler v. Ziegler · Clark v. Giacomini
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In regard to representations generally, I conceive it to be necessary for the party relying on the representations to show not only that they are false, but that the party making the same knew them to be false. But when one has made a representation positively, or professing to speak as of his own knowledge on the subject, the intentional falsehood is disclosed, and the intention to deceive is also inferred, or at all events, this is so when the matters falsely represented are peculiarly within the knowledge of the party making them, and are not known to the party to whom they are made. In such a case, the proof would seem to be complete when it was shown that the defendants made the representations; that they were made to induce plaintiffs into the contract; that, relying upon the same, they did enter into the contract; that the representations were false; that the plaintiffs sustained damage, and that such damage was occasioned by reason of the falsity of such representations.””
1 later decision quote this exact passage · from the majority“"* * * In assessing damages you may consider the difference between the actual value of the property sold and the value that the property would have had if it had actually been as represented by the defendant, the cost to the plaintiffs of hiring work done because of the failure of the equipment to operate as represented, the damage to the plaintiffs' crops because of the failure of the equipment to operate as represented and the cost of hauling the equipment in attempts to return it to the defendants because of the misrepresentations. * * *"”
1 later decision quote this exact passage · from the majority“the actual value of the property and what its value would have been had the representation been true.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.