Coughlin v. Smith’s Empirical Analysis
1931
Citation profile
3 federal appellate · 6 state decisions
How this case has been cited
Cited by 9 later decisions — most recently September 1980
3 federal appellate · 6 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 Jordan v. Peek · Duke v. Benson · Sterling v. Loudenback
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““This language, and especially the portion we italicize, cannot be ignored or overlooked. If the vendors terminate their contract with the purchasers of the real estate, as they did by the notice given, [the agent] was still bound to pay a certain amount to the vendors. It is this provision in the contract that marks the distinction between this case and the cases of Jordan v. Peek, 103 Wash. 94 , 173 P. 726 , and Duke v. Benson, 134 Wash. 495 , 236 P. 77 , of which cases this court, in Sterling v. Loudenback, 155 Wash. 36 , 283 P. 476, 479 , said: ‘in each case the guaranty sued upon was a part of the contract which had been terminated, there being no other contract between the parties.’ In each of those cases the party sued had agreed only that he would guarantee payments to be made by the purchaser; when, therefore, the contract was canceled by the vendor, who retook the property, nothing was left to be paid by either the purchaser or the guarantor — the whole contract was canceled. And in this case, if [the agent] had simply guaranteed certain payments to be made by the [buyers], then, upon the termination by the vendors of the real estate contract, so far as the rights of the vendees were concerned, and possession of the property taken by the vendors, [the agent] would have been free; but such was not the case. There was another and further contract between him and the vendors by which he agreed that, even if the vendors did terminate the contract with the purchasers of ”
2 later decisions quote this exact passage“‘“The right of the vendors to terminate this agreement for default of the purchasers shall not be affected by the right of the said [agent] to so terminate this agreement, and if the vendors shall so terminate this agreement they shall still have the right to receive, and the said [agent] shall still be bound to pay, any balance remaining unpaid of the first One Thousand Dollars ($1,000.00) of said price with interest on the whole unpaid balance up to the time when the said One Thousand Dollars ($1,000.00) shall have been paid. * * *” (Emphasis added.) ( 163 Wash. 290, 294-95 , 1 P.2d 215, 216-17 .)”
1 later decision quote this exact passage““The bond expressly provides for the contingency of the forfeiture of the contract between [seller] and [buyer] and states that [defendants] are not to be relieved from their bond even though the [buyer’s] contract be forfeited.” ( 155 Wash. 36, 42 , 283 P. 476, 478 .)”
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.