Winand v. Case’s Empirical Analysis
1957
Citation profile
6 federal appellate · 1 district · 8 state decisions
How this case has been cited
Cited by 19 later decisions — most recently June 2012
6 federal appellate · 1 district · 8 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 Costello v. United States · Vincent v. Palmer · Hahn v. Claybrook · Nunez v. Dautel · Heaman v. E. N. Rowell Co.
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The aforegoing conclusions aside, the plaintiff still, as a matter of law, could not recover. The wording of the letter of June 9, 1944, and in particular the wording of paragraph 3 therein, are subject to the criticism advanced by Judge Parker in Lucas v. Federal Reserve Bank of Richmond, 4 Cir., 1932, 59 F.2d 617 , 619: ‘It is clear that the first cause of action states no ground of relief either in contract or in tort. The allegation that the Reserve Bank promised to “extend such additional accommodations in the way of discounts as would be necessary to meet the additional burden assumed” sets forth none of the essential terms of a contract. It does not show the amount of credit to be extended, the period of the credit, the amount or kind of security to be deposited as collateral, or the interest to be paid. The court cannot see by reading it any definite agreement which the law could enforce. In the language of Mr. Justice Holmes, “On the face of it, it does not import a legally binding promise, but rather a hopeful encouragement, sounding only in prophecy.” Hall v. First Nat. Bank of Chelsea, 173 Mass. 16 , 53 N.E. 154 , 155, 44 L.R.A. 319 , 73 Am.St.Rep. 255 . It is well settled that such a vague promise does not constitute a binding and enforceable contract. (Emphasis supplied).” Winand v. Case, supra, 154 F.Supp. at 541-542 .”
3 later decisions quote this exact passage · from the majority“If life employment was intended to be guaranteed, no specific task seems to have been contemplated for it, and no wages were mentioned or agreed upon. Tests of performance appear therefore to be lacking. The parties provided no means by which a court could determine their differences on either subject. While it is true that such informal conversation as that reported might naturally be lacking in specification, the fact does not provide an escape from the requirement of definiteness; it rather tends to indicate that no contract was in the contemplation of the parties.”
1 later decision quote this exact passage · from the majority““The mere giving up of a job, business or profession by one who decides to accept a contract for alleged life employment is but an incident necessary on his part to place himself in a position to accept and perform the contract, and is not consideration for a contract of life employment.” (Emphasis added.)”
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.