West Los Angeles Institute for Cancer Research v. Mayer’s Empirical Analysis
366 F.2d 220 · 1966
Citation profile
6 federal appellate · 3 district · 16 state decisions
How this case has been cited
Cited by 38 later decisions — most recently May 2011 · most notably Cohen v. Cohen (1980), Pauley Petroleum Inc. v. United States (1979)
6 federal appellate · 3 district · 16 state decisions — followed in 11 states
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 Commissioner v. Brown · Johnson v. Yellow Cab Transit Co. · 25 Cal. 2d 48 - Lloyd v. Murphy · Republic Molding Corporation v. B. W. Photo Utilities, Doing Business as B. W. Molded Plastics, Republic Molding Corporation v. Alladin Plastics, Inc., Republic Molding Corporation v. Gotham Industries, Inc. · McIver v. Norman
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The ultimate question in every case is ‘whether or not proper interpretation of the contract shows that the risk of the subsequent events, whether or not foreseen, was assumed by the promisor. If it appears from the nature of the contract as well as from the surrounding circumstances that, although they were reasonably foreseeable, the promisor did not assume the risk of the subsequent events, the contract shows a gap subject to supplementation in accordance with rules of objective law. Conversely, if the contract, properly construed, shows that the promisor assumed the risk of unanticipated events, the occurrence of such events does not excuse performance.’ Smit, 58 Colum.L.Rev. 287, 314 (1958). See also L. N. Jackson & Co. v. Royal Norwegian Gov’t, 177 F.2d 694, 699 (2d Cir. 1949); 6 Williston, Contracts § 1953, pp. 5475-5476; Restatement, Contracts §§ 288, 461.””
2 later decisions quote this exact passage · from the majority““The consideration bargained for by the sellers was not merely $2,500,000, but $2,500,000 recognized by the I.R.S. as proceeds . . . entitled to capital gains treatment.” Mayer at 366 F.2d 224 .”
1 later decision quote this exact passage · from the majority“... a thing, event or condition which was essential so that the performance would yield to the promisor the result which the parties intended him to receive, fails.”
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.