Fitzpatrick v. Michael’s Empirical Analysis

Citation profile

6 federal appellate · 39 state decisions

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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The rule that equity will not specifically enforce contracts for personal services is based principally upon the fact that a decree of specific performance is likely to be futile since it is impossible for the court to coerce th,e rendering of personal services. Furthermore, coercion by threat of imprisonment for debt would violate constitutional, provisions against involuntary servitude. * * * “The presence of an adequate remedy at law is often given as a specific reason for denying specific performance of a contract for services. Another reason for denying specific performance of a contract for services is that in view of the peculiar personal relations which result from a contract of service, it would be inexpedient, from the standpoint of public policy, to attempt to enforce such a contract specifically. Even if such authority existed, its exercise would be undesirable. If the relation of employer and employee is to be of value or profit to either, it must be marked by some degree of mutual confidence and satisfaction; and when these are gone, and their places usurped by dislike and distrust, it is to the advantage of all concerned that their relations be severed.””

   1 later decision quote this exact passage · from the majority
   e.g. Martin v. Martin