Hayes v. O'Brien’s Empirical Analysis
1894
Citation profile
2 federal appellate · 98 state decisions
How this case has been cited
Cited by 104 later decisions — most recently June 2004 · most notably Armstrong Paint & Varnish Works v. Continental Can Co. (1921), Keogh v. Peck (1925)
2 federal appellate · 98 state decisions — followed in 21 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 Hart v. Sansom · Fogg v. Price · Maughlin v. Perry · Wilson v. Roots · Johnson v. Gibson
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 104 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“`. . . no such sale of said land shall be made by said first party without first having given said second party the privilege of purchasing said land upon such terms and at the same price per acre as any other person or purchaser might have offered therefor,'”
2 later decisions quote this exact passage · from the majority“The doctrine of the earlier English and American cases, in which it is held that the want of mutuality of obligations and remedy would render the contract incapable of specific enforcement, has, by the more modern cases, been so modified that optional agreements to convey, without any corresponding obligation or covenant to purchase, will now be specifically enforced in equity, if made upon sufficient and valuable consideration; and so, when the agreement to convey is a part of a lease, or other contract between the (308) parties, for which the agreement to convey forms the true consideration, the want of mutuality will not avoid the contract.”
1 later decision quote this exact passage · from the majoritye.g. Pearson v. . Millard“Such a contract is a continuing obligation on the part of the lessor, running with the lease, which the lessee may accept at his option, within the time limited.”
1 later decision quote this exact passage · from the majoritye.g. Pearson v. . Millard
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.