McLean v. Clapp’s Empirical Analysis
141 U.S. 429 · 1891
Citation profile
83 federal appellate · 18 district · 54 state decisions
How this case has been cited
Cited by 181 later decisions (8 by the Supreme Court) — most recently January 2006 · most notably Simmons Creek Coal Co. v. Doran (1892), Shappirio v. Goldberg (1904)
83 federal appellate · 18 district · 54 state decisions — followed in 18 states
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 Grymes v. Sanders · Landes v. Brant · William Lea v. The Polk County Copper Company et al. · Diman v. the Providence, Warren, and Bristol R.R. Company
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 181 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“`* * * He [the rescinder] is not permitted to play fast and loose. Delay and vacillation are fatal to the right which had before subsisted. These remarks are peculiarly applicable to speculative property like that here in question, which is liable to large and constant fluctuations in value. * * *'”
9 later decisions quote this exact passage · from the majority““Now, if he desired to rescind his contract, his duty was at once to return what he had received, and repudiate wholly and forever the transaction. So far from doing this,- he did exactly the contrary. He retained the notes and securities received in the settlement, andhas never yet returned one of them.””
1 later decision quote this exact passage · from the majoritye.g. Kinne v. Webb
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.