Talbot v. Gadia’s Empirical Analysis
1954
Citation profile
20 state decisions
How this case has been cited
Cited by 24 later decisions — most recently June 1986
20 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 Boone v. Templeman · Barkis v. Scott · Stevinson v. Joy · Steffen v. Refrigeration Discount Corp. · 33 Cal. 2d 213 - Gonzalez v. Hirose
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Even assuming that it must be held that the note was payable one day after date, and that respondent was in default, it does not necessarily follow that appellant is entitled to a forfeiture. The record shows a course of conduct, both by Talbot and later by his administratrix, which may properly be deemed a waiver, in that they accepted payments of principal and interest without regard to the time factor. (See Stevinson v. Joy, 164 Cal. 279, 285 [ 128 P. 751 ], and Boone v. Templeman, 158 Cal. 290, 295-297 [ 110 P. 947 ], both involving installment contracts for the purchase of land.) The law looks with disfavor upon forfeitures, and evidence tending to show the waiver of a forfeiture will be favorably regarded, and the forfeiture will be avoided upon any reasonable showing. The amount of evidence required to establish a forfeiture is much greater than that required to establish a waiver, and the waiver may be implied from the acts and conduct of the parties. (Knarston v. Manhattan L. Ins. Co., 124 Cal. 74, 77 [ 56 P. 773 ], involving life insurance contract.) ””
1 later decision quote this exact passage““. . . When a conveyance is executed from the vendor direct to the lender, to secure a loan of the purchase money made by him to the purchaser, the legal title is held not only for the lender as security, but also in trust for the borrower for the purpose of finally having title to go him.””
1 later decision quote this exact passagee.g. Bermes v. Sylling““The test which determines whether equity will or will not interfere in such cases is the fact whether compensation can or cannot be adequately made for a breach of the obligation which is thus secured.” [Citations omitted.] Talbot v. Gadia, 123 Cal.App.2d 712 , 267 P.2d 436, 441 (1954).”
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.