Smith v. Grove’s Empirical Analysis
1941
Citation profile
28 state decisions
How this case has been cited
Cited by 28 later decisions — most recently July 2001 · most notably 106 Cal. App. 2d 381 - Constans v. Ross (1951), 145 Cal. App. 2d 124 - Dills v. Delira Corp. (1956)
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 Wheeler v. Farmer · 91 Cal. App. 677 - Dempsey-Kearns Theatrical & Motion Picture Enterprises, Inc. v. Pantages · 109 Cal. App. 747 - Oscar Krenz Copper & Brass Works, Inc. v. England · 40 Cal. App. 592 - Auditorium Co. v. Barsotti
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The legal effect of an instrument claimed to be a contract of partnership must be measured by the rules of law applicable thereto. The first rule is statutory. A partnership is ‘. . . an association of two or more persons to carry on as co-owners a business for profit.’ ... Another rule is that a partnership agreement between the parties must provide for the sharing of the profits and losses, or what is the same thing, of sharing the net profits. ... Finally, to constitute a partnership relation, in the agreement ‘there must be such community of interest as empowers each party to make contracts, incur liabilities, manage the whole business-a right which upon the dissolution of the partnership passes to the survivor and not to the representatives of the deceased .... The association must be one for the purpose of jointly carrying on the business. ’ ””
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.