Davis v. Freeman’s Empirical Analysis
1961
Citation profile
2 federal appellate · 13 state decisions
How this case has been cited
Cited by 16 later decisions — most recently September 2014
2 federal appellate · 13 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 Wilson v. Fisher · Smith v. Bolin · Denman v. Hall · Osborne v. Moore · Gulf Production Co. v. Continental Oil Co.
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The long-standing rule in this court is that the essential elements of a contract required to be in writing may never be supplied by parol. Jones v. Carver, 59 Tex. 293 ; Osborne v. Moore, 112 Tex. 361 , 247 S.W. 498 ; Wilson v. Fisher, 144 Tex. 53 , 188 S.W.2d 150 . A contrary rule would practically set at naught the statute of frauds. Discussing the particular statute under review here we stated in Denman v. Hall, 144 Tex. 633 , 193 S.W.2d 515, 516 , that ‘Its purpose, like that of other sections of the Statute of Frauds, is to prevent fraud arising from parol testimony as to the terms and conditions of such contracts.’ That purpose could not be served if evidence were admitted to establish that respondents agreed orally to pay petitioners a commission for effecting a consummated sale.””
1 later decision quote this exact passage““No action shall be brought in any court in this State for the recovery of any commission for the sale or purchase of real estate unless the promise or agreement upon which action shall be brought, or some memorandum thereof, shall be in writing and signed by the party to be charged therewith or by some person by him thereunder lawfully authorized.””
1 later decision quote this exact passagee.g. Dickey v. Bird
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.