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← 142 So. 2d 518 - Loeb v. Johnson

142 So. 2d 518 - Loeb v. Johnson’s Empirical Analysis

1962

Citation profile

9
cited by 9 later decisions
1
states following
April 1989
most recently cited

1 federal appellate · 8 state decisions

How this case has been cited

Cited by 9 later decisions — most recently April 1989

1 federal appellate · 8 state decisions

50196219701980decided

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 Hurwitz v. Lotz · 120 So. 2d 662 - Housecraft Division of Southern Siding Co. v. Jones · Girot v. Graham · Patterson v. Lumberman's Supply Co. · Callender v. Marks

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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““The contract, consisting of a proposition and the consent to it, the agreement is incomplete until the acceptance of the person to whom it is- proposed. If he, who proposes, should before that consent is given, change his intention on the subject, the concurrence of the two wills is wanting, and there is no contract.””
    2 later decisions quote this exact passage
  2. ““We are of the opinion that the Ever-Tite case cited by Plaintiff rep resents a substantially different factual situation from that involved in the present litigation. In the cited case defendant entered into a contract having similar provisions to that herein involved in respect to the acceptance of the contract by the principal with the exception that the language in the Ever-Tite contract provided: “ ‘ “This agreement shall become binding only upon written acceptance hereof, by the principal or authorized officer of the Contractor, or upon commencing performance of the work. * * * » ) » In the Ever-Tite case the Court held that actual commencement or performance of the work under the contract had begun prior to any notice of dissent being given by defendants to plaintiff and therefore the offer and acceptance became a completed contract making defendants responsible for damages sustained by plaintiff because of the cancellation of the contract. “In the Housecraft case defendants offered to have plaintiff perform certain services for them, signing a written contract for the performance of the work on July 18, 1957. Though the contract was not formally accepted by plaintiff until September 2, 1957, work under the contract was commenced by plaintiff prior to that date, and the contract was, in fact, accepted in writing in accordance with the agreement on September 2, 1957, prior to the date September 27 when defendants first made their endeavor to recede from their agreement,”
    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.