McGuire v. Andre’s Empirical Analysis
1953
Citation profile
47 state decisions
How this case has been cited
Cited by 51 later decisions — most recently November 2010 · most notably 817 So. 2d 665 - Armstrong Business Services, Inc. v. AmSouth Bank (2001), Cutter Development Corp. v. Peluso (1989)
47 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 Koch v. Streuter · Bethea v. McCullough · Vance v. Roberts · McCurry v. Gibson · Asia Investment Co. v. Levin
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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * There is strong authority for the holding, however, that the fact that the contract does not formally bind the party to make payment, is not regarded as conclusive of its character. In other words there need be no express agreement that the purchaser has agreed to buy, but where it appears from the contract that the intention was to consummate a sale, the absence of an express agreement to purchase does not limit the contract merely to one of option, but it will be held to be a contract of purchase and sale. 55 Am. Jur. § 30, pp. 500-501; Rafael Gutierrez Del Arroyo v. Graham, 227 U.S. 181 , 33 C.St. 248, 57 L.Ed. 472 ; Asia Investment Co. v. Levin, 118 Wash. 620 , 204 P. 808 , 32 A.L.R. 578 . * * ” ( 259 Ala. 115 , 65 So.2d 190 .)”
1 later decision quote this exact passagee.g. Ashurst v. Rosser“It is simply a contract by which the owner of property agrees with another that he shall have the right to buy the property at a fixed price within a certain time.”
1 later decision quote this exact passage“[F]irst, the offer to sell which does not become a contract until accepted and, second, the completed contract to leave the offer open for a specified time.”
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.