Wiggins v. Shewmake’s Empirical Analysis
1985
Citation profile
1 district · 39 state decisions
How this case has been cited
Cited by 41 later decisions — most recently March 2023 · most notably People in Interest of TH (1986), Jacobson v. Gulbransen (2001)
1 district · 39 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 Mobridge Community Industries, Inc. v. Toure, Ltd. · Dolan v. Hudson · 186 Cal. App. 2d 425 - Pease v. Brown · 17 Wis. 2d 89 - Gerruth Realty Co. v. Pire · Khabbaz v. Swartz
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[¶ 17.] This Court has stated that: SDCL 53-8-2 requires that an agreement for the sale of real property be in writing, and subscribed by the party to be charged, before the agreement will be enforceable. The agreement itself need not be the writing relied upon, a memorandum evidencing the obligation is sufficient. SDCL 53-8-2. “The memorandum serves to furnish written evidence of the obligation to be enforced against the party who subscribes his name to the memorandum; that is, a memorandum is not required to make a contract but merely to evidence in uniting that a contract has been entered into.” The memorandum need not embody the exact terms of the contract; “it is sufficient that the substance of a contract for the purchase of real property is inferred from the writing!]””
2 later decisions quote this exact passage“The following obligations cannot be specifically enforced: (6) An agreement, the terms of which are not sufficiently certain, to make the precise act which is to be done clearly ascertainable.”
1 later decision quote this exact passagee.g. Rusch v. Kauker“Specific performance is `[t]he presumed remedy for the breach of an agreement to transfer real property.'”
1 later decision quote this exact passagee.g. Crafts v. Pitts
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.