Bratton v. Bratton’s Empirical Analysis
2004
Citation profile
37
cited by 37 later decisions
7
states following
January 2019
most recently cited
32 state decisions
Relationships
Relies on Petty v. Sloan · Casto v. Casto · Planters Gin Co. v. Federal Compress & Warehouse Co. · Johnson v. Central National Ins. Co. of Omaha, Neb. · Davis v. Miller
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“While it is lawful and not against public policy for husband and wife to enter into such contracts, yet they are not dealing with each other as strangers at arm’s length. The relationship of husband and wife is one of special confidence and trust, requiring the utmost good faith and frankness in their dealings with each other.... Transactions of this character are scrutinized by the courts with great care, to the end that no unjust advantage may be obtained by one over the other by means of any oppression, deception, or fraud. Courts of equity will relieve against any unjust advantage procured by any such means, and less evidence is required in such cases to establish the fraud, oppression, or deception than if the parties had been dealing at arm’s length as strangers....”
1 later decision quote this exact passage · from the majority“Ms. Bratton’s promise not to leave her husband is clearly not consideration for the agreement. Both parties’ admitted that they were not having marital difficulties at the time the agreement was signed. Therefore, this was not a reconciliation agreement where separation or divorce was imminent, making the wife’s promise to remain in the marriage a meaningful act.”
1 later decision quote this exact passage · from the majoritye.g. Balogh v. Balogh“is conflicting or may lead to more than one conclusion, the doubtful parts may be submitted to the fact-finder for resolution.”
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.