Salem v. Anson’s Empirical Analysis
1902
Citation profile
4 federal appellate · 2 district · 19 state decisions
How this case has been cited
Cited by 25 later decisions — most recently June 1978 · most notably 152 W. Va. 571 - State v. Elder (1968), Knutton v. Cofield (1968)
4 federal appellate · 2 district · 19 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 Clark v. Barnard · Nilson v. Jonesboro · Kemp v. . Knickerbocker Ice Co. · City of Indianola v. Gulf, Western Texas & Pacific Railway · Emery v. Boyle
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(2) “When the actual damages in case of a breach of the contract must necessarily be speculative, uncertain, and incapable of definite ascertainment, the stipulated sum will be regarded as liquidated damages, and may be recovered as such without proof of actual damages, unless the language of the contract shows, or the circumstances under which it was made, indicate a contrary intention of the parties, or it so manifestly exceeds the actual injury suffered as to be unconscionable.””
1 later decision quote this exact passage · from the majoritye.g. Hull v. Angus“(1) “Where the contract is conditioned for the performance of some collateral agreement, the sum mentioned therein will be presumed to be a penalty, and it is incumbent upon the party desiring to recover the sum named as liquidated damages to show that it was so intended by the contracting parties.””
1 later decision quote this exact passage · from the majoritye.g. Hull v. Angus
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.