Cozad v. Elam’s Empirical Analysis
1905
Citation profile
2 federal appellate · 11 state decisions
How this case has been cited
Cited by 13 later decisions — most recently July 1952
2 federal appellate · 11 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 Grant v. Grant · Hamilton v. Thirston · Mansur v. Botts · Devore v. Devore · In re Williams' Estate
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * In the very nature of the case, appellant could have no remedy on the contract itself, to pursue the thing for which he has contracted and performed the services. It is not of his fault, however, but by the default of the respondent, that he is precluded from having that for which he has expended his means and labor, and to which, in good conscience, he is so eminently entitled. The law, in its inherent justice, will not leave the party thus aggrieved without a remedy, ft is a maxim that for every wrong there is a remedy. The courts, therefore, in their wisdom,- in making proper application of this principle, have sought out and seized upon the one reasonable and logical means of affording the proper measure of compensation for such wrong, and that is, by awarding to the injured party the value of that with which he has been induced to part under this unenforceable contract * * * . “The principle underlying this doctrine, as enunciated in the most carefully considered cases, is that inasmuch as the contract is unenforceable and that the vendor has received and holds the fruits of the services, or the property or money, or other consideration paid, and refuses to perform on his part, he thus holds it without consideration and therefore the law will imply a promise to repay it, and will raise up in favor of the party thus wronged, an impled undertaking to that effect, which can be enforced as of quantum meruit for the value of such services or property or money paid. Th”
1 later decision quote this exact passage
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.