McCauley v. Michael’s Empirical Analysis
1977
Citation profile
2 federal appellate · 1 district · 5 state decisions
How this case has been cited
Cited by 9 later decisions — most recently March 1990
2 federal appellate · 1 district · 5 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 Kneeland v. Emerton · 35 Wash. 2d 357 - Hederman v. George · Vercellini v. U. S. I. Realty Co. · 188 Cal. App. 2d 482 - Wisley v. City of San Diego · Black Point Aggregates, Inc. v. Niles Sand & Gravel Co.
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The new statute on purchaser remedies, Minn.St. 80A.23, permits rescission for the purchaser in subd. 1, but in subd. 9 bars recovery under the contract by persons “with knowledge of the facts by reason of which its making or performance was in violation of the securities act.” Rescission in this sense, that is, return of money upon tender of the securities, is an equitable remedy, and is actually restitutionary in character. Since McCauley never received the securities, but at most an illegal contractual obligation to receive them following the escrow, the cancellation of this contract makes return of his initial payment appropriate. McCauley’s knowledge was sufficient to bar him from suit under the contract (§ 80A.23, subd. 9), but not so extensive as to prevent refund of his money given in the illegal transaction. Although the new statute does not by its terms apply to this case, since it was passed in 1973, it does little more than codify existing common-law remedies in this area. 6A Corbin, Contracts, § 1540; see, also, Restatement, Contracts, §§ 598 to 605, especially § 604. The trial court properly refused to enforce the bargain, or alternatively to grant damages for breach of contract. On the other hand, as the court noted in its memorandum attached to the amended finding, “it would be inappropriate for the defendant to benefit from his acts relative to this transaction.” The return of McCauley’s $500 will leave the parties where they were prior to this transaction.”
1 later decision quote this exact passagee.g. Hayden v. McDonald“• No person who has made or engaged in the performance of any contract in violation of any provision of this section or any rules or order hereunder or has acquired any purported rights under any such contract with knowledge of the facts by reason of which its making or performance was in violation may base any suit on such violation under the contract.”
1 later decision quote this exact passagee.g. Bond v. Charlson
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.