Austin v. Hallmark Oil Co.’s Empirical Analysis
1943
Citation profile
13 federal appellate · 100 state decisions
How this case has been cited
Cited by 121 later decisions — most recently July 2006 · most notably 41 Cal. 3d 714 - People v. Figueroa (1986), 68 Cal. 2d 864 - Gerhard v. Stephens (1968)
13 federal appellate · 100 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 3 Cal. 2d 110 - Callahan v. Martin · Lux v. Haggin · Newport v. Hatton · Victor Oil Co. v. Drum · 4 Cal. 2d 547 - Domestic & Foreign Petroleum Co. v. Long
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 121 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““If the transaction is one in which the assignee is merely an investor who for a consideration is given the right to share in the profits or proceeds of an enterprise to be conducted by others, the instrument representing such interest is a security. Where, however, as in the present case, the assignee is to share in the conduct of the enterprise, the instrument representing an assignment of a fractional interest in the production of oil is not a security within the act.” See also Maguire v. Lees, 74 Cal.App.2d 697 [ 169 P.2d 411 ],”
1 later decision quote this exact passagee.g. Osuna v. Russell““It is not appropriate to grant specific performance of a subscription contract when the, complainant, instead of paying for the stock subscribed to at the time the corporation is in great need of funds’, does not offer to pay until the success of the venture undertaken by the corporation is assured.””
1 later decision quote this exact passage“the facts and circumstances of the particular case.”
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.