288 Pa. Super. 180 - Hess v. Evans’s Empirical Analysis
1981
Citation profile
2 federal appellate · 6 state decisions
How this case has been cited
Cited by 14 later decisions — most recently November 2015
2 federal appellate · 6 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 Nocito v. Lannuitti · Keys v. Hanscom Bros., Inc. · Gibson v. Western New York & Pennsylvania R. R. · 186 Pa. Super. 618 - Schlein v. Gross · Walker v. Harbison
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If the procurement of this release was by fraud, when Nocito discovered it he had his choice either to disaffirm the contract and offer to return to Lanuitti or his insurance carrier the consideration for this release or to affirm the voidable contract and waive the fraud. Nocito’s failure to tender back the consideration after he discovered the alleged fraud constituted a waiver of the fraud and an affirmance of the contract: Walker v. Harbison, 283 Pa. 111 , 128 A. 732 ; [ (1925) ] Corporation Funding & Finance Co. v. Stoffregen, 264 Pa. 215 , 107 A. 727 . [ (1919) ]”
2 later decisions quote this exact passage“plaintiffs cannot proceed in this matter by alleging that the release was obtained as the result of fraud and misrepresentation and at the same time retain the consideration that was paid to them”
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.