19 Wash. 2d 497 - Marshall v. Campbell’s Empirical Analysis
1943
Citation profile
1 state decisions
Relationships
Relies on Emigrant Company v. County of Adams · Crampton v. McLaughlin Realty Co. · Ihrke v. Continental Life Insurance & Investment Co. · Tacoma Water Supply Co. v. Dumermuth · Benham v. Columbia Canal Co.
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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“There seems to be comparatively few cases dealing with the subject of dependent and independent covenants as between vendor and purchaser in contracts for the sale of real property. The character of the covenant depends upon whether the contract is entire or severable. If it is entire, a breach of one covenant discharges all; if it is severable, a breach of one will not operate as a discharge of the others. ... In the first instance, rescission lies; in the latter, an action for damages only may be maintained. . . . This and others of our decisions warrant the following statement of the rule for determining whether a covenant is dependent or independent: If the covenant is inherent in the subject matter of sale or is inseparable from the consideration as a whole, it is dependent; otherwise, it is independent.”
1 later decision quote this exact passagee.g. McLean v. Vail
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.