156 Pa. Super. 167 - Baumgartner v. Whinney’s Empirical Analysis
1944
Citation profile
6 federal appellate · 21 state decisions
How this case has been cited
Cited by 33 later decisions — most recently December 2010 · most notably Sustrik v. Jones & Laughlin Steel Corp. (1964), Yarnall v. Yorkshire Worsted Mills (1952)
6 federal appellate · 21 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 Sale v. Ambler (Emmett) · Township of North Whitehall v. Keller · Beason v. Pierce · Filby v. Miller · Mackey's Heirs v. Adair
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[A] client may ratify his attorney’s acts; and ‘an affirmance of an unauthorized transaction may be inferred from a failure to repudiate it’: Restatement, Agency, § '94. Indeed, a client makes his attorney’s act his own if he does not disavow it the first moment he receives knowledge that his attorney has transcended his authority.””
2 later decisions quote this exact passage““Agreement of Settlement and Discontinuance. — A discontinuance or an agreement to discontinue in the usual form must be distinguished from an agreement to settle and discontinue, or from the marking of an action settled and discontinued, because the latter type of entry not only terminates the action in which the entry is made but ordinarily it has the effect of being res judicata of the cause of action. In such case, no subsequent action for the same cause may be brought as long as the discontinuance is outstanding. In an action to which a counterclaim had been interposed, an order signed by both parties, directing the prothonotary to mark the suit ‘settled, discontinued and ended’, terminated the counterclaim as well as the original action. An agreement to mark an action ‘settled, discontinued and ended’ is a contract which will be set aside only for want of consideration, lack of authority of an agent, or on the usual equitable grounds.” (Emphasis supplied.) (footnotes omitted.) 5 Standard Pennsylvania Practice, Ch. 21, § 20, pp. 92, 93.”
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.