McCubbins v. Simpson’s Empirical Analysis
1939
Citation profile
1 federal appellate · 19 state decisions
How this case has been cited
Cited by 20 later decisions — most recently September 1993
1 federal appellate · 19 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 Upton Assignee v. Tribilcock · Duplex Safety Boiler Co. v. . Garden · McNinch v. Northwest Thresher Co. · Ogg v. Herman · 11 E.H. Smith 201 - Moot v. . Business Men's Investment Assn.
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.
““It is the rule in this jurisdiction that specific performance of a contract is not a matter of right but a question of equity and the application is addressed to the sound legal discretion of the trial court and controlled by the principles of equity in full consideration of the circumstances in each case. Crutchfield v. Griffin, 139 Okla. 35 , 280 P. 1075 ; Miller v. Roberts, 140 Okla. 271 , 282 P. 1104 ; Vanlandingham v. Newberry, 104 Okla. 98 , 230 P. 726 ; Hurst v. Champion, 116 Okla. 228 , 244 P. 419 ; Robinson v. Haynes, 147 Okla. 95 , 294 P. 803 .””
1 later decision quote this exact passagee.g. Boehs v. Adelman““These elements, conditions and incidents, as collected from the cases, are the following: The contract must be concluded, certain, unambiguous, mutual, and upon a valuable consideration; it must be perfectly fair in all its parts; free from any misrepresentation, or misapprehension, fraud or mistake, imposition or surprise; not an unconscionable or hard bargain; and its performance not oppressive upon the defendant; and finally, it must be capable of specific execution through a decree of the court.””
1 later decision quote this exact passagee.g. Salisbury v. Murray““The remedy of specific performance is governed by the same general rules which control the administration of all other equitable remedies. The right to it depends upon elements, conditions, and incidents generally regarded as essential to equitable relief; when these exist, the remedial right is perfect in equity.””
1 later decision quote this exact passagee.g. Boehs v. Adelman
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.