Clinkinbeard v. Poole’s Empirical Analysis
1954
Citation profile
2 federal appellate · 10 state decisions
How this case has been cited
Cited by 12 later decisions — most recently August 2009
2 federal appellate · 10 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 Boone v. Coe · Gibson v. Crawford · Head v. Schwartz' Ex'r · Hinton v. Hinton's · Duke's Admr. v. Crump
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It seems well established in all ju-' risdictions that a writing or memorandum sufficient to satisfy the requirements of the statute of frauds must be complete in itself as to the parties charged with liability thereunder and the essential terms of the contract. 49 Am.Jur., Section 322, page 636, Statute of Frauds; Gibson v. Crawford, 247 Ky. 228 , 56 S.W.2d 985 ; Purcell v. Campbell, 261 Ky. 644 , 88 S.W.2d 670 . Minor details may in some instance be shown by parol, but we have nowhere found any authority for supplying the material and essential features of an agreement based upon a writing which does nothing more than furnish some evidence of the existence of a prior parol agreement.””
1 later decision quote this exact passagee.g. Treacy v. James““No action shall be brought to. charge any person: * * * “(8) Upon any promise, agreement, or contract for any commission or compensation for the sale or lease of any real estate or for assisting another in the sale or lease of any real estate; unless the promise, contract, agree ment, representation, assurance or rat- - ification, or some, memorandum or note thereof, be in writing and signed by the party to be charged therewith, ■ or by his authorized agent. The consideration need not be expressed in the writing, but it may be proved when necessary or disapproved [disproved] by parol or other evidence.””
1 later decision quote this exact passagee.g. Treacy v. James“"The general rule is that one who receives benefit from the labor of another, or who acquires property of another under an unenforceable contract, must pay on a quantum meruit basis the value of the benefits thus received. Although no action can be maintained on an oral contract within the statute of frauds, or for damages on account of its breach, the law ordinarily will not permit one party to an unenforceable contract to retain benefits conferred upon him by the other party in the performance of it””
1 later decision quote this exact passagee.g. Hale v. Nickell
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.