35 Cal. 2d 607 - Bomberger v. McKelvey’s Empirical Analysis
1950
Citation profile
7 federal appellate · 58 state decisions
How this case has been cited
Cited by 74 later decisions — most recently February 2011 · most notably Continental Baking Co. v. Katz (1968), Gagne v. Bertran (1954)
7 federal appellate · 58 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 Miller & Lux v. Madera Canal & Irrigation Co. · Campbell Soup Co. v. Lojeski · Gray v. Bekins · 5 Cal. App. 2d 738 - Atkinson v. District Bond Co. · Sanford v. Boston Edison 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 74 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[i]t is the general rule in California ... that either party to an executory contract has the power to stop performance of the contract by giving notice or direction to that effect, subjecting himself to liability for damages, and upon receipt of such notice the other party cannot continue to perform and recover damages based on full performance.”
2 later decisions quote this exact passage“Where the plaintiff is not interested solely in profit from the agreement but must proceed with the work in order to fulfill contract obligations to others, * * * damages may be inadequate and the plaintiff may have a right to continue performance.”
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.