Simenstad v. Hagen’s Empirical Analysis
1964
Citation profile
5 federal appellate · 14 state decisions
How this case has been cited
Cited by 25 later decisions — most recently September 2013 · most notably Minnesota Mining & Manufacturing Co. v. Pribyl (2001), Baierl v. McTaggart (2001)
5 federal appellate · 14 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 Timme v. Kopmeier · Kline v. Little Rapids Pulp Co. · Butterick Publishing Co. v. Rose · Zaremba v. International Harvester Corp. · Koelbel v. Tecktonius
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘A bargain that is illegal only because of a promise or a provision for a condition, disregard of which will not defeat the primary purpose of the bargain, can be enforced with the omission of the illegal portion by a party to the bargain who is not guilty of serious moral turpitude unless this result is prohibited by statute. . . .’ ” (Emphasis added.)”
4 later decisions quote this exact passage“In no event can the words complained of have the effect insisted upon of rendering the note void in the absence of fraud or some undue advantage taken of the appellant, for there would still remain a lawful contract with valid and legal covenants to be enforced. In 3 Williston on Contracts, § 1779, it is said: "When some covenants of an indenture are legal and others illegal, the legal covenants may be enforced." In a contract containing a questionable provision which may be destroyed without defeating the primary purpose of the bargain, and where there is an absence of moral turpitude, a recovery would still be allowed.”
1 later decision quote this exact passagee.g. Baierl v. McTaggart“[I]f the paragraph [in the shareholder agreement] were held to be invalid, the entire contract would not fail if that paragraph could be severed from the remainder of the agreement.”
1 later decision quote this exact passagee.g. Baierl v. McTaggart
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.