Reed v. McLaws’s Empirical Analysis
1941
Citation profile
21 state decisions
How this case has been cited
Cited by 21 later decisions — most recently April 2012
21 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 Brown v. Peterson · Rathke v. Dexter Horton National Bank
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘ * * * Rescission necessarily involves a repudiation of the contract and a refusal of the moving party to be further bound by it. But this by itself would constitute no more than a breach of the contract or a refusal of performance, while the idea of rescission involves the additional 'and distinguishing element of a restoration of the status quo, that is, an offer by the moving party to restore all that he has re ceived under it, with a demand for the similar restoration to him of all that he has paid or given under it, and, in effect, a mutual release of further obligations. * * * ’ Black on Rescission and Cancellation, 2d Ed., Vol. 1, sec. 1, page 1.””
1 later decision quote this exact passagee.g. Caldwell v. Tilford““ ‘To rescind a contract is not merely to terminate it, but to abrogate and undo it from the beginning; that is, not merely to release the parties from further obligation to each other in respect to the subject to the contract, but to annul the contract and restore the parties to the relative positions which they would have occupied if no such contract had ever been made. . . . ’ Black on Rescission and Cancellation, 2d ed., vol. 1, sec. 1, p. 1.” Reed v. McLaws, 56 Ariz. 556, 562-63 , 110 P.2d 222, 225 (1941).”
1 later decision quote this exact passagee.g. Polk v. Koerner““[Ajfter a contract has been rescinded by mutual consent, it cannot be made the basis for any action by one party against the other, except in so far as is necessary to the restoration of the status quo. All breaches of the contract are waived by the rescission, and no action can be maintained * * * for being prevented from performing under it.” Reed v. McLaws, 56 Ariz. 556, 563 , 110 P.2d 222, 225 (1941).”
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.