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← 26 NY2D 466 - Scheck v. Francis

Scheck v. Francis’s Empirical Analysis

1970

Citation profile

171
cited by 171 later decisions
2
states following
October 2019
most recently cited

27 federal appellate · 6 district · 6 state decisions

How this case has been cited

Cited by 171 later decisions — most recently October 2019 · most notably Rg Group Inc Rg v. Horn & Hardart Company (1984), Texaco, Inc. v. Pennzoil, Co. (1987)

27 federal appellate · 6 district · 6 state decisions

68019701980199020002010decided

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 Crabtree v. Elizabeth Arden Sales Corp. · Schwartz v. Greenberg · Mesibov, Glinert & Levy v. Cohen Bros. Manufacturing Co. · Ideal Structures Corp. v. Levine Huntsville Development Corp. · Hotel Woodward Co. v. Ford Motor 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 171 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “quite clear, from Mr. Levin’s letter alone, that the agreements were to take effect only after both parties had signed them. Thus, he had instructed the plaintiff that he was to sign them and “have Connie sign” them, expressly advising to call if there were “any questions or comments”. Although the agreements themselves were not required to be delivered to the plaintiff’s attorney ... before the parties had signed, a copy of the covering letter was sent to him. This combination of circumstances unquestionably gave the plaintiff an opportunity to decline to go through with the deal before he signed. Certainly, the defendant Francis enjoyed the same privilege, and she never did sign. In short, both parties must plainly have understood that the agreements were to take effect only after they had signed them and, until that time, the matter was still in the stage of negotiations.”
    2 later decisions quote this exact passage
  2. “Dear George: Enclosed ... are the employment agreements between you and GGC Productions Corp., Connie Francis, Antigony Music Ltd., and Brookings Music Inc. Please sign all copies, have Connie sign all copies and distribute the copies as follows: One set to me One set for the office One set for you One set for Sol Granett [Plaintiff’s attorney] If you have any questions or comments, please call me.”
    2 later decisions quote this exact passage
  3. “[T]hat the memorandum necessary to satisfy the Statute of Frauds may be ‘pieced together out of separate writings connected with one another either expressly or by the internal evidence of subject matter and occasion’ and that, in case one of the .writings is unsigned, they may be ‘read together provided that they clearly be refer to the same subject matter or transaction.’ However, we expressly declared, that all of the terms of the contract ‘must be set out in the various writings presented to the court, and at least one writing, the one establishing a contractual relationship between the parties, must bare the signature of the party to be charged, while the unsigned document must on its face refer to the same transaction as that set forth in the one that is signed .... ’ Furthermore, the court pointed out, although a particular signed writing need not have been ‘prepared or signed with the intention of evidencing the contract.’ It must have been subscribed ‘with intent to authenticate the information therein’ and that information must ‘evidence the terms of the contract.’”
    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.