McLean v. Keith’s Empirical Analysis
1952
Citation profile
3 federal appellate · 56 state decisions
How this case has been cited
Cited by 59 later decisions — most recently December 2016 · most notably Vetco Concrete Company v. TROY LUMBER COMPANY (1962), Indianhead Truck Line, Inc. v. Hvidsten Transport, Inc. (1964)
3 federal appellate · 56 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 McLean Trucking Co. v. United States · Tarrant Ex Rel. Tarrant v. Pepsi-Cola Bottling Co. · United States v. Resler · Lennon v. . Habit · Royal Blue v. De. River
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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The remedy of specific performance is an equitable remedy of ancient origin. Its sole function is to compel a party to do precisely what he ought to have done without being coerced by the court. 49 Am.Jur., Specific Performance, Sec. 2, p. 6. Equity can only compel the performance of a contract in the precise terms agreed on. It cannot make a new or different contract for the parties simply because the one made by the parties proves ineffectual. 49 Am.Jur., Specific Performance, Sec. 22, pp. 35 and 36. `The remedy of specific performance is never applicable where there is no obligation to perform.' 58 C.J., p. 847, and specific performance does not lie until there has been a breach of contract. 58 C.J., p. 851."”
4 later decisions 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.