Davenport v. Dickson’s Empirical Analysis
1973
Citation profile
10 district · 24 state decisions
How this case has been cited
Cited by 36 later decisions — most recently February 2007 · most notably NEA-Coffeyville v. Unified School District No. 445 (2000), W-V Enterprises, Inc. v. Federal Savings & Loan Ins. (1983)
10 district · 24 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 Weiner v. Wilshire Oil Co. · Wood v. Hatcher · Williams v. Safeway Stores, Inc. · Brown v. Beckerdite · Kittel v. Krause
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The controlling element with respect to the existence of a novation is the intention of the parties, and unless there is a clear and definite intention on the part of all concerned to extinguish the old obligation by substituting the new one therefor, a novation is not effected. The mere fact that a creditor, with knowledge of the assumption by a third party of his debtor’s obligation, consents thereto, does not amount to a novation releasing his original debtor or extinguishing the original debt.”
1 later decision quote this exact passage · from the majority““When the parties to a transaction which is claimed to have constituted a novation have expressed their intentions as to the corresponding obligations of the parties in a clear and unambiguous written instrument the intention of the parties depends upon a construction of the written instrument and is a question of law for the court.” (Syl. f 9.)”
1 later decision quote this exact passage · from the majoritye.g. Elliott v. Whitney“A novation is the substitution by mutual agreement of a new debt or obligation for an existing one, which is thereby extinguished. The essentials are: (1) a previous valid debt; (2) extinguishment of the old contract; (3) agreement of all parties to a new contract; (4) validity of a new one.”
1 later decision 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.