Vise v. Foster’s Empirical Analysis
1952
Citation profile
6 federal appellate · 12 state decisions
How this case has been cited
Cited by 18 later decisions — most recently August 2014
6 federal appellate · 12 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 Callahan v. Staples · American Mutual Liability Insurance v. Parker · Stewart v. Miller · 43 Tex. Civ. App. 421 - International Harvester Co. of America v. Campbell · Radford v. McNeny
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ (9) The court in making this award followed the rule found in 9 Cyc. 698. ‘Although strictly and technically speaking there can be no breach of contract until the time for performance has arrived, yet if before that time arrives the promisor expressly renounces the contract and declares his intention not to perform it, the promisee may, in most jurisdictions, treat this as a breach, and may at once bring an action for damages. That is, positive notice of an intended breach of a contract to be performed in future may be treated as an actual breach. There is, however, another course open tp the promisee. He may, if he pleases, treat the notice of intended breach as inoperative and await the time when the contract is to be performed, and then hold the other party responsible for all the consequences of nonperformance. But in that case he keeps the contract alive for the benefit of the. other party as well as for himself and remains subject to all his own obligations and liabilities under the contract, a,nd enables the other party not only to complete the contract, notwithstanding his previous repudiation of it, but also to take advantage of any intervening, circumstance which would justify him in declining to complete it.’ (Italics ours.) 13 C.J. 804, p. 701, 17 C.J.S., Contracts, § 472. The Texas courts have followed this rule.””
1 later decision quote this exact passage“In Radford v. McNeny, 129 Tex. 568, 104 S.W.2d 472, 475 (Com.App., opinion adopted by the S.Ct.) we find this statement of the general rule: `* * * to be enforceable, a contract to enter into a future contract must specify all its material and essential terms, and leave none to be agreed upon as the result of future negotiations.'”
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.