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← 49 Cal. App. 2d 97 - Fisher v. Chaffee

49 Cal. App. 2d 97 - Fisher v. Chaffee’s Empirical Analysis

1942

Citation profile

10
cited by 10 later decisions
2
states following
December 1961
most recently cited

2 federal appellate · 8 state decisions

How this case has been cited

Cited by 10 later decisions — most recently December 1961

2 federal appellate · 8 state decisions

60194219501960decided

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 Whittier v. Stege · Woodard v. Hennegan · 96 Cal. App. 31 - Mayer v. West · 42 Cal. App. 513 - Andrews v. Karl · Stratton v. California Land & Timber Co.

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

  1. ““When a vendee has repudiated the contract and has refused to pay anything further upon it a vendor is entitled to take possession and proceed to clear his title and is no longer bound by the provisions of the contract. Woodard v. Hennegan, 128 Cal. 293 , 60 P. 769 . When it appears, as it does here, that a vendor was able and willing to comply with the contract and that the vendee was not able to do so and had declared that he intended to pay no more, the vendor may maintain a quiet title action. * * * Having repudiated the contract the vendees had no right to insist that the respondent proceed in accordance with the terms of the contract and the appellant, claiming under the vendees, is in no better position. The appellant contends that there is no evidence to sustain the finding that the defendants Chaffee refused to further perform the contract. While the evidence is conflicting in that regard it amply sustains the find ings made. The appellant particularly relies upon a letter written to Mr. Chaffee by the respondent’s attorney on February 17, 1940, after possession had been taken by the respondent and a part of the orange crop harvested. The letter suggested a conference for the purpose of finding out if Mr. Chaffee would like to continue with the contract and if so what arrangements he could make for doing so. At most, the letter was an offer which was never accepted and it was far from sufficient to constitute a renewal of the contract which had previously been termin”
    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.