McIntosh v. Murphy’s Empirical Analysis
1970
Citation profile
1 federal appellate · 7 district · 41 state decisions
How this case has been cited
Cited by 55 later decisions — most recently March 2023 · most notably 94 Wash. 2d 255 - Klinke v. Famous Recipe Fried Chicken, Inc. (1980), Olympic Holding Co., L.L.C. v. ACE Ltd. (2009)
1 federal appellate · 7 district · 41 state decisions — followed in 11 states
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 Seymour v. Oelrichs · Monarco v. Lo Greco · 31 Ill. 2d 507 - Sinclair v. Sullivan Chevrolet Co. · Alaska Airlines, Inc. v. Stephenson · A. C. Chock, Ltd. v. Kaneshiro
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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“where injustice can be avoided only by enforcement of the promise.”
6 later decisions quote this exact passage“(1) To charge a personal representative, upon any special promise to answer for damages out of the personal representative’s own estate; (2) To charge any person upon any special promise to answer for the debt, default, or misdoings of another; (3) To charge any person, upon an agreement made in consideration of marriage; (4) Upon any contract for the sale of lands, tenements, or hereditaments, or of any interest in or concerning them; (5) Upon any agreement that is not to be performed within one year from the making thereof; (6) To charge any person upon any agreement authorizing or employing an agent or broker to purchase or sell real estate for compensation or commission; (7) To charge the estate of any deceased person upon any agreement which by its terms is not to be performed during the lifetime of the promisor, or, in the case of agreements made prior to July 1, 1977, of an agreement to devise or bequeath any property, or to make any provision for any person by will; or (8) To charge any financial institution upon an agreement by the financial institution to lend money or extend credit in an amount greater than $50,000; unless the promise, contract, or agreement, upon which the action is brought, or some memorandum or note thereof, is in writing, and is signed by the party to be charged therewith, or by some person thereunto by the party in writing lawfully authorized.”
3 later decisions quote this exact passage“concept of estoppel, which operates to avoid unconscionable injury.”
2 later decisions 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.