Alschuler v. Schiff’s Empirical Analysis
1896
Citation profile
36 state decisions
How this case has been cited
Cited by 36 later decisions — most recently September 1976 · most notably 22 Ill. App. 2d 455 - Wohl v. Yelen (1959), Becker v. Becker (1911)
36 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.
Appellate journey
reviewedAlschuler v. Schiff
Relationships
Relies on Williams v. Vanderbilt · White v. Walker · Chapman v. McGrew · Allen v. Jaquish · Baker v. Pratt
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A distinction . . . must be drawn between contracts of this character, which are relied on as being in force with some provision alleged to have been changed by oral agreement, and those which, it is insisted in defense, have been absolutely abrogated and surrendered by parol agreement of the parties thereto. . . . We know of no good reason why he may not also show, by parol proof, that, by agreement between the landlord and himself, he has been released from the terms and obligations of the lease, and has in pursuance thereof surrendered possession-of the prem ises to the landlord. . . . We hold it to be the law of this state that, where it is not sought to alter or change the terms of a contract under seal, still leaving it in force, but where the object is to show that such instrument has been abrogated, canceled, and surrendered, the question is one of fact for a jury and evidence thereon is admissible.””
1 later decision quote this exact passage · from the majoritye.g. Beach v. Gehl““A defendant might, by parol proof, show, in an action against him on a contract or lease under seal, that he had made full payment of all amounts due, and thus was discharged. He might also, by parol testimony, show an eviction where there was no default by him in his lease, and thus a discharge. We know of no good reason why he may not also show, by parol proof, that by agreement between the landlord and himself he has been released from the terms and obligations of the-lease, and has, in pursuance thereof, surrendered possession of the premises to the landlord. . . . We hold it to be the law of this State, that where it is not sought to alter or change the terms of a contract under seal, still leaving it in force, but where the object is to show that such instrument has been abrogated, canceled and surrendered, the question is one of fact for a jury, and evidence thereon is admissible.””
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.