Eads v. Marks’s Empirical Analysis
1952
Citation profile
104 state decisions
How this case has been cited
Cited by 121 later decisions — most recently February 2019 · most notably 27 Cal. 3d 167 - Tameny v. Atlantic Richfield Co. (1980), Crisci v. Security Insurance (1967)
104 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 20 Cal. 2d 713 - Wennerholm v. Stanford University School of Medicine · 29 Cal. 2d 34 - Speegle v. Board of Fire Underwriters · Olivera v. Grace · Mosley v. Arden Farms Co. · Guilliams v. Hollywood Hospital
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 121 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'It has been well established in this state that if the cause of action arises from a breach of a promise set forth in the contract, the action is ex contractu, but if it arises from a breach of duty growing out of the contract it is ex delicto. ...'”
2 later decisions quote this exact passage“Where the intervening act is reasonably foreseeable, the chain of causation is not broken, and the original actor remains liable. (Mosley v. Arden Farms Co., 26 Cal.2d 213 [ 157 P.2d 372 , 158 A.L.R. 872 ]; Osborn v. City of Whittier, 103 Cal.App.2d 609 [ 230 P.2d 132 ].)”
1 later decision quote this exact passage“A tort may grow out of or be coincident with a contract, and the existence of a contractual relationship does not immunize a tortfeasor from tort liability for his wrongful acts in breach of the 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.