Guinn v. Holcombe’s Empirical Analysis
1989
Citation profile
8 state decisions
Relationships
Relies on 141 Ill. App. 3d 684 - Carrico v. Delp · Wells v. Arkansas Public Service Commission · Brack v. Brownlee · 2 Ark. App. 87 - Hunt v. McIlroy Bank and Trust · Lindner v. Mid-Continent Petroleum Corp.
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The validity of a contract does not always depend upon mutuality of obligation. Mutuality of obligation is ordinarily required in contracts where the parties exchange a promise for a promise, and each must be bound or neither is bound. It becomes a nonissue when consideration has otherwise been conferred upon one of the parties. A promise in exchange for performance does not require mutuality of obligation. Eustice v. Meytrott, 100 Ark. 510 , 140 S.W. 590 (1911); Carrico v. Delp, 141 Ill. App. 3d 684 , 95 Ill. Dec. 880 , 490 N.E.2d 972 (1986); Leeson v. Etchison, 650 S.W.2d 681 (Mo. App. 1983); Brack v. Brownlee, 246 Ga. 818 , 273 S.E.2d 390 (1980). See Restatement (Second) of Contracts § 79 (1981).”
1 later decision quote this exact passage“It is well settled that a former judgment in order to be a bar must have been a decision of the merits of the cause. . . . “In order that a judgment may constitute a bar to another suit it must be rendered in a proceeding between the same parties or their privies, and the point of controversy must be the same in both cases and must be determined on the merits. If the first suit was dismissed for defect in pleadings or parties, or a misconception of the form of the proceeding, or the want of jurisdiction, or was disposed of on any ground which did not go to the merits of the action, the judgment rendered will prove no bar to another suit.””
1 later decision quote this exact passage“It matters not from whom the consideration moves or to whom it goes. If it is bargained for and given in exchange for the promise, the promise is not gratuitous.”
1 later decision quote this exact passagee.g. Johnson v. Schaub
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.