Boteler v. Conway’s Empirical Analysis
1936
Citation profile
19 state decisions
How this case has been cited
Cited by 21 later decisions — most recently April 2011
19 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 Paul v. Virginia · Hooper v. People of State of California · Bank of Augusta v. Earle · Pembina Consolidated Silver Mining & Milling Co. v. Pennsylvania · Pembina Consolidated Silver Min Milling Co v. Commonwealth of Pennsylvania
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Where a contract and a guaranty of performance thereunder are [as here] entered into at the same time, they are properly read and interpreted as an entire contract. Where the main contract is altered without the consent of the guarantor and in respects so material as to change the substantial rights of the parties thereto and in effect to make a new contract, the guarantor is exonerated. Section 2819 Civ.Code. This is true whether the effect of the alteration is to increase or to lessen the obligation, performance of which is guaranteed.”
1 later decision quote this exact passage“"Plaintiff cannot be heard to say that the secretary of Monarch did not have the authority to make the changes in the contract. * * * If an agent exceeds his authority his principal may complain, but a third person may not. Monarch had the right to affirm or repudiate the acts of its secretary. It did not disaffirm them, and plaintiff may not take unto himself the right to do so."”
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.