Gallagher v. Vogel’s Empirical Analysis
1953
Citation profile
2 federal appellate · 37 state decisions
How this case has been cited
Cited by 39 later decisions — most recently September 1999 · most notably Philip G. Johnson & Co. v. Salmen (1982), Vojak v. Jensen (1968)
2 federal appellate · 37 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 Gregory v. Spieker · Wiskocil v. Kliment · C. W. Swingle & Co. v. Reynolds · Stanford Motor Co. v. Westman · Wittenberg v. Mollyneaux
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In cases such as the instant case, damages are rarely susceptible of accurate proof; but the measure of damages, expressed generally, is the value of the business lost to the plaintiff — not the gain of defendant, which may be more or less than plaintiff’s loss; though such gain may be considered in evidence, it should be shown to correspond in whole or in part with the loss of plaintiff. See, Gregory v. Spieker, 110 Cal. 150 , 42 P. 576 , 52 Am. S. R. 70 . “While the measure of damages in an action for the breach of an agreement by the seller not to reenter business in competition with the buyer is usually difficult of exact computation, he who is damaged will not be precluded from recovering because of that fact. But the plaintiff will be called upon, in order to recover substantial damages, to furnish sufficient data to enable the court, with a reasonable degree of certainty and exactness, to estimate the actual damages, and if he fails to do this he can recover only a nominal sum. See, Scotton v. Wright, 32 Del. 192 , 121 A. 180 ; Salinger v. Salinger, 69 N. H. 589, 45 A. 558 . “The most that can be done is to adduce the pertinent facts and submit them to the trial court to estimate and determine the sum which will afford the injured party reasonable compensation. See Galucha v. Naso, 147 Iowa 309 , 126 N. W. 146 . “Speaking broadly, the amount recoverable for breach of an agreement by the seller of a business not to engage in competition with the buyer is the loss which”
2 later decisions quote this exact passage“as articles that have outlived their usefulness in their, original form and are commonly gathered up and sold, to be converted into another product, either of the same or different kind.”
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.