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← 1997 ND 64 - Linderkamp v. Hoffman

Linderkamp v. Hoffman’s Empirical Analysis

1997

Citation profile

6
cited by 6 later decisions
1
states following
April 2016
most recently cited

6 state decisions

How this case has been cited

Cited by 6 later decisions — most recently April 2016

6 state decisions

40199720002010decided

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 65 Cal. 2d 578 - Handy v. Gordon · Becker v. Becker · 228 Cal. App. 2d 230 - Magna Development Co. v. Reed · Glatt v. Bank of Kirkwood Plaza · Wolf v. Anderson

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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Specific performance may be denied if a contract is not fair, reasonable, and based on adequate consideration. Sand, 224 N.W.2d at 378. “And specific performance of an agreement must be denied when its terms are not sufficiently certain to make the precise act which is to be done clearly ascertainable.” ... To be specifically enforceable, a contract “ ‘must be complete in itself ... at least with respect to its essential and material terms ... The court cannot supply an important omission or complete a defective contract for the purpose of specific performance.’ ” Id. [Manden-Bismarck Livestock Auction v. Kist, 84 N.W.2d 297 ] at 302 [(N.D.1957)] (quoting 81 C.J.S., Specific Performance § 35).”
    1 later decision quote this exact passage
  2. “Specific performance cannot be enforced against a party to a contract in any of the following cases: [[Image here]] 2. If it is not as to that party just and reasonable. 3. If such party’s assent was obtained by misrepresentation, concealment, circumvention, or unfair practice of any party to whom performance would become due under the contract, or by any promise of such party which has not been substantially fulfilled.”
    1 later decision 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.