Rowland v. Ewell’s Empirical Analysis
1965
Citation profile
2 federal appellate · 16 state decisions
How this case has been cited
Cited by 20 later decisions — most recently August 2012
2 federal appellate · 16 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 Yates v. Ball · Hart Properties, Inc. v. Slack · Miller v. Murray · Battle, Et Vir. v. Butler · Keith v. Culp
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The Florida courts have held that part or complete performance of an agree ment, not capable of performance within one year and not in writing may be enforced under certain circumstances. The cases which have set forth exceptions have involved contracts for the purchase of realty, Battle v. Butler, 1939, 138 Fla. 392 , 189 So. 846 . This case and the others involving contracts for purchase of realty uniformly hold that the elements necessary to take them out from under the operation of the statute of frauds are that the purchaser must enter into possession, pay all or at least a part of the consideration, and make valuable and permanent improvements. Undoubtedly, this exception has been recognized under such circumstances because the acts are consistent with the existence of a contractual relationship. On the other hand, in Miller v. Murray, Fla.1953, 68 So.2d 594 , enforcement of an alleged oral contract to purchase realty was denied because the plaintiff had previously leased the premises. The court denied the relief requested because the possessory interest of the plaintiff, as well as the other acts relied on as constituting part performance were as ‘equally as consistent with a tenancy status’ as with that of a vendee. The act or conduct relied on as constituting part performance must be referable exclusively to the contract and nothing else. Purvis v. Malloy, etc., 1937, 129 Fla. 191 , 176 So. 71 ; Miller v. Murray, supra.” (Emphasis supplied).”
1 later decision quote this exact passage“"In accordance with the general rule . . . it has been held or recognized that the part-performance of an oral contract for employment not to be performed within a year did not take the contract out of the statutes of fraud."”
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.