Hogan v. Wright’s Empirical Analysis
356 F.2d 595 · 1966
Citation profile
3 federal appellate · 2 district · 1 state decisions
How this case has been cited
Cited by 10 later decisions — most recently February 1987
3 federal appellate · 2 district · 1 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 147 Ohio St. 468 - Ullmann v. May · Foster v. Young · Tennant v. Fawcett · Corthell v. Summit Thread Co. · Butler v. Winona Mill 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““As a general rule, a wholly executory agreement which reserves to the will and discretion of one party the unlimited right to determine the extent of compensation he will make is too indefinite to be enforceable. I Corbin on Contracts, Section 98; 17 Am.Jur.2d, Contracts, Section 83. Here, however, is a contract where the promisor has fully performed, and the promisee has the unlimited right to determine the amount of compensation he will pay the promisor for the services rendered. The cases are in conflict as to the manner of measuring the adequacy of the compensation rendered by the one party. The facts of each case generally suggest the appropriate rule. Recovery has been allowed for the reasonable value of such services where the facts disclose that this was the intention of the parties or where the express reservation to one party to determine the fee is coupled with the provision that the payment to be made shall be ‘reasonable’, ‘fair’, ‘right’, or ‘good’. Foster v. Young, 172 Cal. 317 , 156 P. 476 ; Corthell v. Summit Thread Co., 132 Me. 94 , 167 A. 79 , 92 A.L.R. 1391 ; Pillois v. Billingsley, 179 F.2d 205 (C.A.2, 1949); Millar v. Cuddy, 43 Mich. 273 , 5 N.W. 316 , 92 A.L.R. 1391 . Other cases have held that where the promisor has determined the amount to be paid, no more can be recovered. This is especially true where the promisor has acted in good faith, although the compensation is considerably less than the reasonable value of the services. Lee’s Appeal, 53 Conn”
1 later decision quote this exact passage · from the majority“a person is not entitled to compensation on the ground of unjust enrichment if he received from the other that which it was agreed ... the other should give in return.”
1 later decision quote this exact passage · from the majority
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.