Morris v. Ballard’s Empirical Analysis
16 F.2d 175 · 1926
Citation profile
9 federal appellate · 2 district · 27 state decisions
How this case has been cited
Cited by 40 later decisions — most recently September 1997 · most notably Botticello v. Stefanovicz (1979), Rego v. Decker (1971)
9 federal appellate · 2 district · 27 state decisions — followed in 15 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.
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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In some situations it is within the power of one party to make the agreement enforceable even without the other party’s agreement. If the term subject to agreement is also one that is subject to complete concession by the party that wants to have the agreement performed, that party’s concession has been held to cure the indefiniteness. For example, all that was left to agreement in an option to buy land were the terms on which the stated price was payable. The option was held to be enforceable where the purchaser “tendered himself as ready, willing, and able to pay the agreed price therefor, either in cash or upon such terms as [the vendor] might impose,” and later actually tendered cash.”
1 later decision quote this exact passagee.g. Padilla v. RRA, INC.““when a contract has been partly performed by the plaintiff, and the defendant has received and enjoys the benefits thereof, and the plaintiff would be virtually remediless unless the contract were enforced, the court, from the plainest considerations of equity and common justice, does not regard with favor any objections raised by the defendant merely on the ground of the incompleteness or uncertainty of the agreement.” 56 App.D.C. 383, 384 , 16 F.2d 175, 176 .”
1 later decision quote this exact passage““was in good conscience a stipulation that he would in fact agree with plaintiff upon reasonable terms of payment, and would not arbitrarily refuse to proceed with the sale. * * * [Emphasis added.] 56 App.D.C. 383, 384 , 16 F.2d 175, 176 .”
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.