Wallace v. Larson’s Empirical Analysis
1946
Citation profile
2 federal appellate · 1 state decisions
How this case has been cited
Cited by 4 later decisions — most recently November 2006
2 federal appellate · 1 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 Gulf, Colorado & Santa Fe Railway Co. v. Harriett · Ferguson-McKinney Dry Goods Co. v. Garrett · Bost v. Barringer · Hudspeth v. Hilburn · Willis v. First Nat. Bank of Burkburnett
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Accord and satisfaction is a well recognized legal method of discharging any kind of a contract or cause of action, ‘whereby the parties agree to give and accept something in settlement of the claim or demand of the one against the other, and perform such agreement, the “accord” being the agreement, and the “satisfaction” [being] its execution or performance.’ 1 C.J.S. Accord and Satisfaction § 1, p. 462. See also: 1 T.J., p. 245, sec. 2; 1 R.C.L., p. 177; 1 Am.Jur. p. 215, sec. 1. Although the term or phrase ‘accord and satisfaction’ contemplates a completed transaction, it is well settled in Texas and in other jurisdictions that a promise to perform the agreement of accord, rather than actual performance thereof, may in and of itself constitute the satisfaction, provided there is an express agreement to this effect or if such is clearly the intention of the parties. Ferguson-McKinney Dry Goods Co. v. Garrett, Tex.Com.App., 252 S.W. 738 ; Gulf C. & S. F. R. Co. v. Harriett, 80 Tex. 73 , 15 S.W. 556 ; Bost v. Barringer, Tex.Civ.App., 202 S.W. 791 ; Hudspeth v. Hilburn, Tex.Civ.App., 283 S.W. 314 ; 1 C. J. S. Accord and Satisfaction § 22, p. 489, and authorities; 1 Am.Jur., p. 254, sec. 69 and authorities. “From the pleadings, the evidence and the entire record before us we think it conclusively appears that the settlement agreement of March 18, 1943, constituted an accord between the parties thereto insofar as any rights and liabilities arising among themselves under the par”
2 later decisions quote this exact passage
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.