Keith v. Kellermann’s Empirical Analysis
169 F. 196 · 1909
Citation profile
4 federal appellate · 1 district · 3 state decisions
How this case has been cited
Cited by 9 later decisions — most recently December 1989
4 federal appellate · 1 district · 3 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 Joy v. City of St Louis · Pierre Berthold Alfred Bernondy and Marklat Thompson v. Edward Goldsmith · Cassidy v. . Hall · Coghlan v. Stetson · McCaull v. Braham
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.
““On the other hand, the second part of the contract,' regulating the summer season, seems to me to be open to the objection that it does lack equitable mutuality. Neither expressly nor by necessary implication does it fix the periods when performances shall be given. For business or other reasons satisfactory to him, the plaintiff might omit exhibitions during any part of the summer season. During such period there will be no proceeds to divide, and the defendant would be without compensation an'd at the same time under a covenant not to perform for any one else. The contract lacks in this respect the kind of mutuality which moves a court of equity to aid its performance by injunction. Shubert Theatrical Co. v. Coyne (Sup.) 115 N. Y. Supp. 968 . As in the cause cited, the defendant would receive compensation, if any, only for actual performances.””
1 later decision quote this exact passage · from the majoritye.g. Kenton v. Weissberg
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.