Raisor v. Jackson’s Empirical Analysis
1949
Citation profile
8 state decisions
How this case has been cited
Cited by 10 later decisions — most recently March 2018
8 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 Key v. Alexander · Crenshaw v. Williams · Kramer v. Mobley · Stone v. Kaufman · Doherty v. Dolan
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As set forth in Restatement, Contracts, Section 455, impossibilities arising from the inability of the promisor to perform an act do not discharge the duty created by the contract. In the comment to this section, the vital distinction is noted between 'the thing cannot be done' and 'I cannot do it'. It is said in 12 Am.Jur., Contracts, Section 370 : 'If a promise is conditioned upon the act or consent of a third person, the condition must be performed. But the inability to control the actions of a third person, whose co-operation is needed for the performance of an undertaking, is ordinarily not to be regarded as an impossibility avoiding the obligation. One who engages for the act of a stranger must procure the act to be done, and the refusal of the stranger without the interference of the other party to the contract is no excuse. The performance of an absolute promise is not excused by the fact that a third person refuses or fails to take action essential to performance.'”
1 later decision quote this exact passage“[T]he buyer may recover substantial damages, if he can prove them, without regard to the seller’s good faith, if the breach of contract is occasioned by the failure of the seller to obtain a conveyance of his wife’s interest in the property. This is simply a recognition of the principle that where a seller unconditionally agrees to convey real property, knowing that he has no title or with knowledge of an outstanding interest therein owned by a third party, he is bound by his undertaking to deliver a good deed to the purchaser; the question of good faith is immaterial if he breaches his agreement; and if the buyer is so damaged, he may recover the difference between the contract price and the reasonable market value of the property at the time the contract was executed.”
1 later decision quote this exact passagee.g. Warner v. Denis
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.