Schubert v. Lowe’s Empirical Analysis
1924
Citation profile
1 district · 67 state decisions
How this case has been cited
Cited by 69 later decisions — most recently March 2006 · most notably 10 Cal. 3d 616 - Green v. Superior Court (1974), 18 Cal. 4th 558 - People v. Guiuan (1998)
1 district · 67 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 Spreckels v. Spreckels · Arnold v. Krigbaum · 19 Cal. App. 518 - Knight v. Black · Roberts v. Wehmeyer · 2 Cal. App. 653 - Gray v. Maier & Zobelein Brewery
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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““While the defendant was not entitled to a judgment in the present proceedings decreeing specific performance of the agreement to execute the lease, nevertheless the part performance of such an agreement can be interposed as an equitable defense to the plaintiff’s attempt to wrest from him the possession of the premises by the summary proceedings in unlawful detainer. In the case of Gray v. Maier, etc., 2 Cal.App. 653 [ 84 P. 280 ], the court, referring to the right to set up defenses of an equitable nature in such actions, had this to say: ‘The power of a court of equity is invoked by plaintiff in every action in forcible detainer, when he seeks in his complaint to have a forfeiture declared on account of default in conditions of the lease, .... If such an equitable power is in a court in cases of this class, of which we have no doubt, no reason is apparent why such an equitable power may not be extended into a full examination of all the equities involved, to the end that exact justice may be done. ’ In the case of Knight v. Black, supra [ 19 Cal.App. 518 ( 126 P. 512 )], it was held error on the part of the trial court to strike out the equitable defense there pleaded by the defendant in his answer. In other words, the fact that the defendant cannot obtain specific performance of an oral agreement to execute a lease does not deprive him of the right to have the court examine into the equities existing between the parties in determining whether or not the plaintiff is entit”
1 later decision quote this exact passagee.g. Rishwain v. Smith““It was, therefore, proper for the defendant to raise, and for the court to consider, the occupation of the premises under the oral agreement to lease, as an equitable defense to the action to recover possession of the property.””
1 later decision quote this exact passagee.g. Rishwain v. Smith
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.