Ely v. Jones’s Empirical Analysis
1917
Citation profile
6 federal appellate · 12 state decisions
How this case has been cited
Cited by 20 later decisions — most recently December 1995
6 federal appellate · 12 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 George v. Lane · Arrington v. Porter · Carr v. Williams · Evans v. Jacobitz · Sutton v. Sears
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.
““Where it is shown that the purchaser surrenders the contract and possession, in consideration of the vendor’s agreement to rescind and waive the payment of that which remains due, we think a sufficient consideration is shown to support an oral agreement. The promise to surrender the contract and possession, and to relieve the plaintiff of his obligation to convey the propérty by deed, would furnish consideration for the agreement on his part.” (p. 579.)”
1 later decision quote this exact passage · from the majority““A written contract for the sale of land, while still executory, may be rescinded by a subsequent oral agreement between the parties. However, proof of the rescission by parol of a contract for the sale of land should be clear and convincing and should satisfy the mind that a rescission was intended by the parties. * * * * When the contract rests only in parol, either partial or full performance is necessary to the validity of the agreement.””
1 later decision quote this exact passage · from the majoritye.g. Colvin v. Butler““ . . . and we hold with what we consider to be the weight of authority and sound reasoning that such a contract is not required to be in writing, and may be established by the same kind of proof as other simple contracts.” (p. 578.)”
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.