Thweatt v. McLeod’s Empirical Analysis
1876
Citation profile
1 federal appellate · 12 state decisions
How this case has been cited
Cited by 13 later decisions — most recently September 1993
1 federal appellate · 12 state decisions
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 Munroe v. Pritchett · Juzan v. Toulmin · Dixon v. Barclay · Gilmer v. Ware · Pierce v. Wilson
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“in this transaction, the appellant [appellees here] must have intended an affirmance of the original contract, or he [they] intended to lull the vendor into security — into reliance on it, and into the belief that he [they] designed its performance; thereby obtaining the benefit of an extension of the time of payment, while secretly intending, after he [they] had realized the benefit, to impeach the contract for a misrepresentation of which he [they] had abstained from complaining. To suppose the last was his [their] intention, is the imputation to him [them] of an intentional deception, more offensive in good morals than the misrepresentation attributed to the vendor. The one may have been made innocently, through ignorance, mistake, or inadvertence. The other is willful, and deliberate, for the purpose of deceiving.”
1 later decision quote this exact passage“Contracts tainted with fraud, or into which a party is induced by mistake, or by misrepresentation, are capable of ratification and confirmation; and the ratification or confirmation cures the infirmity.”
1 later decision quote this exact passage“either to rescind the contract, or, affirming it, to recover damages for the injury, or insist on it (the existence of the defect) as matter of defense to an action founded on the contract.”
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.