Livesley v. Johnston’s Empirical Analysis
1904
Citation profile
1 federal appellate · 3 district · 28 state decisions
How this case has been cited
Cited by 32 later decisions — most recently December 1948 · most notably 30 Del. Ch. 538 - Blish v. Thompson Automatic Arms Corp. (1948), Texas Co. v. Central Fuel Oil Co. (1912)
1 federal appellate · 3 district · 28 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 Martinsburg Co v. March · Kihlberg v. United States · Gormley v. Clark · Sweeney v. United States · Dustan v. . McAndrew
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In a sale like the one at bar the buyer must also accept, unless in his honest judgment, exercised in absolute good faith, the commodity is not such as was contracted for. If so exercised, his determination becomes final, because the parties have so agreed; but if he exercises his judgment arbitrarily, capriciously, or fraudulently, with the sheer purpose of avoiding Ills obligation to accept, it will not avail him, as tbe actual quality and condition of tbe bops may then be inquired into, notwithstanding his adverse determination. ’ ’”
1 later decision quote this exact passage · from the majority““Where the agreement is wholly executory, it is essential that the obligations be mutual, else there is no consideration for its support, and it is but a mere nudum pactum.””
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.