Smith v. Pallay’s Empirical Analysis
1929
Citation profile
2 federal appellate · 19 state decisions
How this case has been cited
Cited by 21 later decisions — most recently November 1963
2 federal appellate · 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 Montgomery v. Somers · Sather v. Giaconi · Pacific Livestock Co. v. Murray · French v. Cresswell · Burton v. Severance
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.
““General damages are those which necessarily result from the act or omission complained of and may be shown under the ad damnum or general allegation of damages, at the end' of the declaration; for the defendant must be presumed to be aware of the necessary consequences of his conduct, and, therefore, cannot be taken by surprise in the proof of them. Some damages are always presumed to follow from the violation of any right or duty implied by law. Therefore, the law will in such cases award nominal damages, if none greater are proved.””
2 later decisions quote this exact passage““It is clear from the evidence that defendants’ wrongful discharge of plaintiff and their refusal to further perform the contract upon their part was such a breach of the contract as to discharge the entire contract. In such case the rule is : “ ‘ * * * If the breach for which the action is brought is such as to discharge the entire contract, all damages caused by such breach, including those which will arise with reasonable certainty after the trial, must be recovered in that action.’ 2 Page on Contracts (2d Ed.) § 3197.””
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.