Recker v. Gustafson’s Empirical Analysis
1979
Citation profile
1 federal appellate · 22 state decisions
How this case has been cited
Cited by 30 later decisions — most recently October 2016 · most notably Contempo Design Incorporated v. Chicago and Northeast Illinois District Council of Carpenters (2000), Sun Valley Iowa Lake Ass'n v. Anderson (1996)
1 federal appellate · 22 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 Miller v. Lawlor · Severson v. Elberon Elevator, Inc. · Holi-Rest, Inc. v. Treloar · O'Dell v. O'Dell · Davenport Osteopathic Hospital Ass'n v. Hospital Service, Inc.
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is true that the mutual rights and duties existing under a bilateral contract can be discharged by a mutual agreement of rescission. When such a rescission has taken place, neither party has any further right or duty under the rescinded contract. If that contract was a contract of employment, the servant is out of a job and free to take a different one, and the master is out of a servant and free to hire a new one in his place. In such a case as this, the two parties have exactly the same power to make a new contract as they would have had if there had been no previous transaction between them.”
1 later decision quote this exact passage“[t]he reason modification must rest in circumstances not “anticipated” as part of the context in which the contract was made, but a frustrating event may be unanticipated for this purpose if it was not adequately covered, even though it was foreseen as a remote possibility. When such a reason is present, the relative financial strength of the parties, the formality with which the modification is made, the extent to which it is performed or relied on and other circumstances may be relevant to show or negate imposition or unfair surprise.”
1 later decision quote this exact passage · from the dissente.g. Quigley v. Wilson“The provisions of subsection 3 of section 633.32 do not apply where the purchase money, or any portion thereof, has been received by the vendor, or when the vendee, with the actual or implied consent of the vendor, has taken and held possession of the premises under and by virtue of the contract, or when there is any other circumstance which, by the law heretofore in force, would have taken the case out of the statute of frauds.”
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.