Foreman v. E. Caligari & Co.’s Empirical Analysis
1963
Citation profile
6 federal appellate · 23 state decisions
How this case has been cited
Cited by 33 later decisions — most recently May 2017 · most notably G & R Corporation, a Delaware Corporation v. American Security & Trust Company, Max S. Kraft and Oscar Margulies (1975), Marefield Meadows, Inc. v. Lorenz (1993)
6 federal appellate · 23 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 Barcroft Woods, Inc. v. Francis · Virginia Iron, Coal & Coke Co. v. Graham · Lehigh Portland Cement Co. v. Virginia Steamship 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The rule appears to be that if one undertakes unconditionally to perform an act which is not inherently impossible, but merely requires the acquiescence or consent of a third party, or the performance of a preceding act by the latter, the nonperformance is not ordinarily excused by the fact that it subsequently proves impossible for the promisor to comply with the contract, because of the refusal of the third party to give his consent or perform the act; in other words, the contract will not, merely from the fact that acquiescence in or performance of an act by a third party must precede compliance therewith, be construed as conditional upon such acquiscence or performance.””
2 later decisions quote this exact passage · from the majority
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.