Steven Perles Pc v. Kagy’s Empirical Analysis

Citation profile

2 federal appellate · 21 district · 1 state decisions

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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “To create an enforceable oral contract, both parties must intend to be bound by their oral representations alone. See New Econ. Capital[ v. New Markets Capital Group], 881 A.2d [1087] at 1094 [2005]; Jack Baker, Inc., 664 A.2d at 1238. An otherwise valid oral agreement does not constitute a contract if “either party knows or has reason to know that the other party regards the agreement as incomplete and intends that no obligation shall exist ... until the whole has been reduced to ... written form.” Restatement (Second) Of Contracts § 27 cmt. b (1981); cf. Osborne v. Howard Univ. Physicians, Inc., 904 A.2d 335, 339 (D.C.2006) (relying on Restatement Of Contracts); Stansel v. Am. Sec. Bank, 547 A.2d 990, 993 (D.C.1988) (same). The fact that parties contemplate a writing is evidence, therefore, that they do not intend to bind themselves by an oral agreement. See Jack Baker, Inc., 664 A.2d at 1240; Edmund J. Flynn Co. v. LaVay, 431 A.2d 543, 547 (D.C.1981). Another factor in determining intent to be bound is the parties’ conduct after they reach an alleged oral agreement.”

   2 later decisions quote this exact passage · from the majority
   e.g. 471 F. Supp. 2d 122 - Miller v. Holzmann · 888 F. Supp. 2d 145 - Queen v. Schultz

2. “We review de novo the legal question of whether the facts as found by the [trial court] demonstrate the existence of an enforceable contract.”

   1 later decision quote this exact passage · from the majority
   e.g. 2301 M Street Cooperative Association v. Chromium, LLC