Pagounis v. Pendleton’s Empirical Analysis
2001
Citation profile
6 district · 6 state decisions
Relationships
Relies on United States v. United States Gypsum Co. · J. A. Sullivan Corp. v. Commonwealth · Kendall v. Selvaggio · Bessette v. Bessette · Union Mutual Life Insurance v. Chrysler Corp.
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a]lthough ‘a substituted contract or novation may be inferred despite a lack of express language to that effect’... and may be based solely on the circumstances and conduct of the parties,... a finding of an intent to discharge the preexisting indebtedness should rest on a ‘clear and definite indication’ of such intent.... Whether the parties intended a novation was a factual question ... as to which [a defendant], asserting it as an affirmative defense, bore the burden of proof.”
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.