Morse v. Kogle’s Empirical Analysis
1947
Citation profile
8 federal appellate · 4 district · 14 state decisions
How this case has been cited
Cited by 28 later decisions — most recently March 2013 · most notably North Drive-In Theatre Corporation, and Cross-Appellee v. Park-In Theatres, Inc. Park-In Theatres Company Willis Warren Smith, Vigor Cranston Smith, Richard M. Hollingshead, Jr., Annie C. Boyle, and Cross-Appellants. Denver Drive-In Theatre Corporation, and Cross-Appellee v. Park-In Theatres, Inc. Park-In Theatres Company Willis Warren Smith, Vigor Cranston Smith, Richard M. Hollingshead, Jr., Annie C. Boyle, and Cross-Appellants. South Drive-In Theatre Corporation, and Cross-Appellee v. Park-In Theatres, Inc. Park-In Theatres Company Willis Warren Smith, Vigor Cranston Smith, Richard M. Hollingshead, Jr., Annie C. Boyle, and Cross-Appellants. West Drive-In Theatre Corporation, and Cross-Appellee v. Park-In Theatres, Inc. Park-In Theatres Company Willis Warren Smith, Vigor Cranston Smith, Richard M. Hollingshead, Jr., Annie C. Boyle, and Cross-Appellants (1957), J. C. Nichols Co. v. Meredith (1964)
8 federal appellate · 4 district · 14 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 McLean v. Clapp · Max Meadows Land & Improvement Co. v. Brady · Cleaves v. Thompson · Dobie v. Sears, Roebuck & Co. · Turner v. Jarboe
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"One who seeks to rescind a contract on the grounds of fraud must do so with reasonable promptness after discovery of the fraud. "If, after discovery or knowledge of facts which would entitle a party to a contract to rescind the contract, he treats the contract as binding and leads the other party to believe that the contract is still in effect, he will have waived his right to rescind. "In order to constitute such a waiver, it is not necessary that there be an express ratification of the contract after discovery of the fraud which might make the equitable remedy of rescission available. Acts or conduct inconsistent with an intention to rescind it, or in recognition of the contract, may have the effect of affirming it." (Syl. ¶¶ 1, 2, 3.)”
3 later decisions quote this exact passage · from the majority““ . . .It was further stated that ordinarily an express ratification is not necessary in order to defeat the remedy of rescission. Acts or conduct, inconsistent with an intention to avoid it, or in recognition of the contract, have the effect of an election to affirm it.””
1 later decision quote this exact passage · from the majority“"Where a party desires to rescind a contract on the ground of fraud and misrepresentations, he must, upon discovery of the facts, at once or within a reasonable time, announce his purpose and adhere to it." (Syl. ¶ 1.)”
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.