Ducuy v. Falgoust’s Empirical Analysis
1955
Citation profile
2 federal appellate · 41 state decisions
How this case has been cited
Cited by 45 later decisions — most recently December 1990 · most notably 134 So. 2d 679 - Scurria v. Russo (1961), 200 So. 2d 700 - Crow v. Monsell (1967)
2 federal appellate · 41 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 Heeb v. Codifer & Bonnabel, Inc. · Maloney v. Aschaffenburg · Legier v. Braughn · Johnson v. Johnson · Capo v. Bugdahl
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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"`In the event that the vendor does not comply with this agreement to sell within the time specified, purchaser shall have the right either to demand the return of double the deposit, or specific performance,'"”
2 later decisions quote this exact passage““We now pass to the defendant’s claim for fees and costs, including attorney fees connected with this suit. Under the express provisions of the contract ‘either party * * * who fails to comply with the terms of this offer * * * is obligated to pay the Agent’s Commission and all fees and costs incurred in enforcing collection and damages.’ [Verbatim the clause in this case.] Both parties, by their pleadings, have construed this provision to cover attorney fees incurred in the instant suit, as both seek such recovery here. [The same is true in this case.] However, inasmuch as this was a matter not passed on by the lower court in view of the court’s conclusion that the plaintiffs were entitled to specific performance, and there is no probative evidence in the • record on which a conclusion could be based as to the value of the services rendered by the attorney for the defendant, the case will have to be remanded for the fixing of this amount.” 83 So.2d at 125 .”
1 later decision quote this exact passage“LSA-C.C. Art. 1927 provides: “In ordinary cases, the breach of such a contract entitles the party aggrieved only to damages, but where this would be an inadequate compensation, and the party has the power of performing the contract, he may be constrained to a specific performance by means prescribed in the laws which regulate the practice of the courts.””
1 later decision quote this exact passagee.g. Williams v. Terese
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.