36 Mass. App. Ct. 463 - MacKsey v. Egan’s Empirical Analysis
1994
Citation profile
3 federal appellate · 14 district · 16 state decisions
How this case has been cited
Cited by 42 later decisions — most recently November 2022 · most notably In Re Cambridge Biotech Corporation (1999), Okerman v. VA Software Corp. (2007)
3 federal appellate · 14 district · 16 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 Cole v. United States · Fort Wayne Books, Inc. v. Indiana · Van Valkenburgh, Nooger & Neville, Inc. v. Hayden Publishing Co. · Poirier v. Town of Plymouth · Rae v. Air-Speed, Inc.
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“best efforts requires 'that the party put its muscles to work to perform with full energy and fairness the relevant express promises and reasonable implications therefrom’”
2 later decisions quote this exact passage“The judge instructed: “ ‘Best efforts’ is what is reasonable under the circumstances. What constitutes best efforts my be determined by the parties’ intentions. Best efforts does not require unreasonable, unwarranted or impractical efforts and expenditures of time and money out of all proportion to economic reality. Best efforts is equal to a good faith effort to meet one’s obligations. The defendants are allowed to give reasonable consideration to their own interest. The defendants were required to do what was contemplated and what was reasonable under all of the circumstances, and to perform their activities with a good faith effort to the extent of their capabilities ...””
1 later decision quote this exact passage“The usual assumption, it is said, is that contracting parties “bargain and agree for themselves and only incidentally for third persons... According to Restatement (Second) of Contracts §302 (1979) — a formulation followed by our courts — the assumption is overcome and a third person attains standing to sue on a promise as an ’’intended beneficiary" when this is “appropriate to effectuate the intention of the parties” and “the circumstances indicate that the promisee intends to give the beneficiary [third person] the benefit of the promised performance (quoting from §302[l]b]).”
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.