Clark v. Atkins’s Empirical Analysis
1949
Citation profile
14 state decisions
How this case has been cited
Cited by 16 later decisions — most recently January 2010
14 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 Svanburg v. Fosseen · Timberlake's Administrator v. Pugh · Cannon v. Cannon · Mann v. Mann · Creed v. Goodson
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““1st. The parol agreement relied on must be certain and definite in its terms. 2d. The acts proved in part performance must refer to, result from, or be made in pursuance of the agreement proved. 3d. The agreement must have been so far executed that a refusal of full execution would operate a fraud upon the party, and place him in a situation which does not lie in compensation. Where these three things concur, a court of equity will decree specific execution.””
2 later decisions quote this exact passage · from the majority“courts of equity will not allow the statute of frauds to be used as an instrument of fraud. Contracts like the one involved in the instant case were taken out of the operation of the statute and enforced in chancery because the remedy at law was not adequate and it would amount to a fraud on the party who, in reliance on the contract, had performed it.”
1 later decision quote this exact passage · from the majoritye.g. Cox v. Mixon
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.