Rutherford v. Impson’s Empirical Analysis
1979
Citation profile
2 federal appellate · 17 state decisions
How this case has been cited
Cited by 23 later decisions (1 by the Supreme Court) — most recently August 2013
2 federal appellate · 17 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 Maloney v. Oak Builders, Inc. · Scurto v. Le Blanc · Bank of Napoleonville v. Knobloch & Rainold · Nassau Realty Co., Inc. v. Brown · Thompson v. Thompson
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The Second Circuit Court of Appeal rejected the identical argument advanced before this Court in Lloyd v. Merit Loan Company of Shreveport, Inc., 253 So.2d 117 (La.App. 2nd Cir.1971), writ denied, 259 La. 1050 , 254 So.2d 462 (1971). There the Court expressly overruled Raney v. Gillen, 31 So.2d 495 (La.App. 2nd Cir.1947), and Berry v. Ginsburg, 98 So.2d 548 (La.App. 2nd Cir.1957), cases cited by counsel in support of an award of attorney's fees. The Court held that even if it could be shown that the defendants were in bad faith, this would not entitle the plaintiffs to recover attorney's fees in the action. We hold, therefore, that plaintiff is not entitled to attorney's fees in an action to specifically enforce an agreement to buy and sell real estate." Rutherford v. Impson, 366 So.2d 944 , at page 947 (La. App. 1st Cir.1978).”
2 later decisions quote this exact passage“Art. 1934. Where the object of the contract is any thing but the payment of money, the damages due to the creditor for its breach are the amount of the loss he has sustained, and the profit of which he has been deprived, under the following exceptions and modifications: 1. When the debtor has been guilty of no fraud or bad faith, he is liable only for such damages as were contemplated, or may reasonably be supposed to have entered into the contemplation of the parties at the time of the contract. By bad faith in this and the next rule, is not meant the mere breach of faith in not complying with the contract, but a designed breach of it from some motive of interest or ill will. 2. When the inexecution of the contract has proceeded from fraud or bad faith, the debtor shall not only be liable to such damages as were, or might have been foreseen at the time of making the contract, but also to such as are the immediate and direct consequence of the breach of that contract; but even when there is fraud, the damages can not exceed this ...”
1 later decision quote this exact passage“as a general rule attorney's fees are not allowed a successful litigant in Louisiana except where authorized by statute or by contract.”
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.