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← 408 P2D 761 - Waggoner v. Johnston

Waggoner v. Johnston’s Empirical Analysis

1965

Citation profile

23
cited by 23 later decisions
5
states following
February 2021
most recently cited

2 federal appellate · 2 district · 18 state decisions

How this case has been cited

Cited by 23 later decisions — most recently February 2021

2 federal appellate · 2 district · 18 state decisions

701965197019801990200020102020decided

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 Liberty Oil Co v. Condon Nat Bank · Better Food Markets, Inc. v. American District Telegraph Co. · McDonald v. McDonald · Mathews v. Sniggs · Union Mutual Life Insurance v. Broderick

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.

  1. ““Whether the forfeiture provision imposed a penalty, or provided for liquidated damages, is to be determined from the language and subject matter of the contract, the evident intent of the parties and all the facts and circumstances under which the contract was made. The most important facts to be considered are whether the damages were difficult to ascertain, and whether the stipulated amount is a reasonable estimate of probable damages or is reasonably proportionate to the actual damage sustained at the time of the breach.””
    2 later decisions quote this exact passage · from the majority
  2. “"A stipulation or condition in a contract ... providing for the payment of an amount which shall be presumed to be the amount of damages sustained by a breach of such contract, shall be held valid, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damages."”
    2 later decisions quote this exact passage · from the majority
  3. “[I]n an equitable action, trial by jury is not a matter of right.”
    2 later decisions 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.