Topping v. Fry’s Empirical Analysis
147 F.2d 715 · 1945
Citation profile
30 federal appellate · 7 state decisions
How this case has been cited
Cited by 50 later decisions — most recently June 2019 · most notably Williamson v. Tucker (1981), Prakash v. American University (1984)
30 federal appellate · 7 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 McNutt v. General Motors Acceptance Corp. · KVOS, Inc. v. Associated Press · Central Mexico Light & Power Co. v. Munch · Cool v. International Shoe Co. · Mechanical Ice Tray Corp. v. General Motors Corp.
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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We think plaintiff should have been given an opportunity to clarify his complaint. The very deficiencies of the pleading seem to furnish all the more reason why it should not have been dismissed on defendants’ motions without leave to amend. From the welter of immaterial facts stated in the complaint here involved we think it is possible to spell out a cause of action based on allegations of a contract, performance by plaintiff, and failure to perform on the part of at least defendant Fry, and possibly the Company. See Kraus v. General Motors Corporation, D.C., 27 F.Supp. 537 . Under the liberalized procedure provided for by the new rules, we think it is error to dismiss a complaint with prejudice if it appears that any relief could be granted on the facts stated. See Cyclopedia of Federal Procedure (2d Ed.) Vol. 5, § 1601. As stated in Moore’s Federal Practice, Vol. 1, § 8.01, ‘Litigation is not an art in writing nice pleadings. It can and should seldom be settled on its-merits at the pleading stage * * *.’ ””
1 later decision quote this exact passage · from the majoritye.g. Peoples v. Peoples“Plaintiff has duly performed all the terms, covenants and conditions of the herein-described agreement on his part to be performed”
1 later decision quote this exact passage · from the majority“to aver generally that all conditions precedent have been performed or have occurred.”
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.