Washer v. Independent Mining & Development Co.’s Empirical Analysis
1904
Citation profile
2 federal appellate · 23 state decisions
How this case has been cited
Cited by 27 later decisions — most recently September 2020 · most notably 160 Cal. App. 2d 290 - Johnson v. Holmes Tuttle Lincoln-Mercury, Inc. (1958), 10 Cal. 2d 232 - Hartman Ranch Co. v. Associated Oil Co. (1937)
2 federal appellate · 23 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 Buckley v. Gray · Ward v. De Oca · Morgan v. Overman Silver Mining Co. · Flint v. Cadenasso
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ The defendant contends that neither the allegations of the complaint nor the findings show that its grantors were personally liable to plaintiff for the advances made by him, and that there is nothing in either the complaint or findings to show any privity of contract between defendant and plaintiff, and hence there was no consideration for the assumption by defendant of the indebtedness due to plaintiff. Such position is not tenable. The defendant knew of plaintiff's claim, and the contract out of which it arose. It knew, by the contract under which plaintiff made the advances, that plaintiff was to be given a one-fourth interest in the mines. Knowing these facts, it passed resolutions in due form by which it expressly assumed the payment of the amount due plaintiff. It did this before it purchased the mines. Then in its deeds it was recited that the property was taken subject to the agreement made by Stephens and Banta with plaintiff. It has never paid plaintiff, and has refüsed to pay him. It has the title to the mines, procured by virtue of its resolutions, assuming the amount due plaintiff, and yet refuses to pay such amount. It will not be allowed to keep the property and refuse to pay for it as it agreed.” (See, also, Cal. Jur., vol. 6, sec. 279.)”
1 later decision quote this exact passage““A contract, made expressly for the benefit of a third person, may be enforced by him at any time before the parties thereto rescind it.””
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.