Bird v. Kenworthy’s Empirical Analysis
1954
Citation profile
3 federal appellate · 26 state decisions
How this case has been cited
Cited by 34 later decisions — most recently November 2017 · most notably Caplan v. Schroeder (1961), 56 Cal. 2d 805 - Harriman v. Tetik (1961)
3 federal appellate · 26 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 37 Cal. 2d 16 - Freedman v. Rector, Wardens & Vestrymen of St. Matthias Parish · Baffa v. Johnson · 121 Cal. App. 2d 325 - Major-Blakeney Corp. v. Jenkins · Roberts v. Lebrain · Quinlan v. John
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In Freedman v. Rector, Wardens & V. of St. Matthias Parish, 37 Cal.2d 16 [ 230 P.2d 629 , 31 A.L.R.2d 1 ], it was held that, although the vendee in a conditional contract for the sale of real estate is a willful defaulter, the vendee may recover the amount which constitutes unjust enrichment of the vendor by reason of the termination of the contract. Such recovery may be had though the vendee could receive no relief under section 3275 of the Civil Code. ‘ ‘ To have the benefit of the rule against unjust enrichment, the burden of proof is upon the defaulting vendee to show that the payments made by him exceed the vendor’s damages. (Major-Blakeney Corp. v. Jenkins, 121 Cal.App.2d 325, 332 [ 263 P.2d 655 ]; Baffa v. Johnson, 35 Cal.2d 36, 40 [ 216 P.2d 13 ].)””
1 later decision quote this exact passagee.g. Cupps v. Hendricks
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.