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← 29 SO2D 599 - Williams v. Meyer

Williams v. Meyer’s Empirical Analysis

1947

Citation profile

9
cited by 9 later decisions
1
states following
May 1977
most recently cited

9 state decisions

How this case has been cited

Cited by 9 later decisions — most recently May 1977

9 state decisions

401947195019601970decided

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 Giacoma v. Yochim · Morgan & Lindsey v. Ellis Variety Stores · 12 La. App. 624 - Hebert v. Succession of Vezoux · Bolian v. Porche

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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““ * * * does not impose upon a vendor, who is unable to give a good title, the burden of returning double the deposit. It is only where a party voluntarily recedes from the promise without just cause that Tie 'becomes subject to such liability. Puyoulet v. Gherke, Orleans No. 7132 of this court, Opinion Book N'o. 53 (unreported). See Louisiana and Southern Digests; O’Connor v. Rawlins, Orleans No. 8263 of this court, Opinion Book No. 59 (unreported). See Louisiana and Southern Digests. “The Supreme Court, in the case of Morgan & Lindsey v. Ellis Variety Stores, 176 La. 198 , 145 So. 514, 520 , said: ‘The giving of earnest money, as security for the carrying out of a promise to 'buy property, is like the posting of a forfeit, or liquidated damages, to be paid if the party promising to buy arbitrarily recedes from his promise; except that, in the giving of earnest money, each party to the contract is subject to the stipulated penalty if he arbitrarily recedes from the promise, or violates it. But the giving of earnest money to guarantee a promise to buy property does not subject the promisor to the penalty of forfeiture of the earnest money unless he violates his promise, or recedes from it arbitrarily, with the intention of forfeiting the earnest money, or without just cause for receding otherwise from his promise to buy.’ ””
    2 later decisions quote this exact passage
  2. ““Counsel contends that Meyer is entitled to recover from Mr. and Mrs. Williams the sum of $300 allegedly expended by him for the fees of his attorney for the examination of title to the property and for the prosecution of this suit. We are cognizant of no authority, and have not been directed to any, which supports the proposition contended for, and the lower court correctly disallowed such claim.””
    1 later decision quote this exact passage
  3. ““But if the promise to sell has been made with the giving of earnest, each of the contracting parties is at liberty to recede from the promise; to wit: he who has given the earnest, by forfeiting it; and he who has received it, by returning the double.””
    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.