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← 5 SO2D 571 - Kothe v. Von Behren

Kothe v. Von Behren’s Empirical Analysis

1942

Citation profile

2
cited by 2 later decisions
1
states following
June 1954
most recently cited

2 state decisions

Relationships

Relies on Sims v. Jeter · Augustin v. Farnsworth · International Accountants Society v. Santana · Succession of Easum · M. M. Sanders & Son v. Schilling

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

  1. ““The Court of Appeal, applying the well-settled rule of law that the ratification of a contract made during minority must be with the full knowledge of the disability and with the clear intention to abandon all legal right to question its validity upon that ground, held that the payments made by defendant after reaching his majority were not of themselves sufficient to constitute ratification.””
    1 later decision quote this exact passage
  2. “In all other cases, the minor is incapacitated from contracting, but his contracts may be rendered valid by ratification, either expressed or implied, in the manner and on the terms stated in this title under the head: Of Nullity or Rescission of Agreements.”
    1 later decision quote this exact passage
  3. “On the whole, we are of the opinion that the evidence is insufficient to prove ratification. If it be sufficient to create a doubt, then the party against whom the ratification is claimed must have the benefit of the doubt.”
    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.