Telex Corp. v. Balch’s Empirical Analysis
382 F.2d 211 · 1967
Citation profile
11 federal appellate · 2 district · 10 state decisions
How this case has been cited
Cited by 27 later decisions — most recently February 2008 · most notably Turner v. Alpha Phi Sorority House (1979), Fredonia Broadcasting Corp. v. RCA Corp. (1973)
11 federal appellate · 2 district · 10 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 Ribnik v. McBride · Donnay v. Boulware · Le Roy Brazee v. People of the State of Michigan · Telex Corporation v. Data Products Corporation · Herbert J. Roberts v. Norman M. Ross, Jr
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Whether a particular subject of negotiation is embodied by the writing depends wholly upon the intent of the parties thereto. . .There is a preliminary question for the judge to decide as to the intent of the parties, and upon this he hears evidence on both sides... If he decides that the transaction was covered by the writing, he does not decide that the excluded negotiations did not take place, but merely that if they did take place, they are nevertheless legally immaterial. If he decides that the transaction was not intended to be covered by the writing, he does not decide that the negotiations did take place, but merely that if they did, they are legally effective, and he then leaves to the jury the determination of fact whether they did take place.”
1 later decision quote this exact passage · from the majority“any person, firm, corporation or association ... engaged for hire or compensation in the business of furnishing persons seeking employment or changing employment, with information or other service ... or furnishing any other person, firm, corporation, or association who may be seeking to employ or may be in the market for help of any kind, with information enabling ... [it] to procure such help.”
1 later decision quote this exact passage · from the majority“[a]ny agreements relating to the subject matter of the contract, occurring prior to the written contract, are conclusively presumed to be incorporated into the writing.”
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.