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← 514 P2D 823 - McBain v. Pratt

McBain v. Pratt’s Empirical Analysis

1973

Citation profile

20
cited by 20 later decisions
2
states following
March 2013
most recently cited

20 state decisions

How this case has been cited

Cited by 20 later decisions — most recently March 2013

20 state decisions

7019731980199020002010decided

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 Ludwicki v. Guerin · Cook v. Cook · International Erectors, Inc. v. Wilhoit Steel Erectors & Rental Service · LeBaron v. Crismon · Tutunjian v. Vetzigian

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

  1. ““Wherever possible, repugnant portions of a contract must be harmonized. An interpretation will not be given to one part of a contract which will annul another.” 514 P.2d at 828 [footnote omitted].”
    4 later decisions quote this exact passage
  2. “The damages for breach of an alternative contract are determined in accordance with that one of the alternatives that is chosen by the party having an election, or, in case of breach without an election, in accordance with the alternative that will result in the smallest recovery. 19”
    1 later decision quote this exact passage
  3. “An alternative contract is one in which a party promises to render some one of two or more alternative performances either one of which is mutually agreed upon as the bargained-for equivalent given in exchange for the return performance by the other party. 18”
    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.