General Paint Corp. v. Kramer’s Empirical Analysis
57 F.2d 698 · 1932
Citation profile
25 federal appellate · 1 district · 13 state decisions
How this case has been cited
Cited by 40 later decisions — most recently February 1992 · most notably 54 Cal. 2d 787 - Bohman v. Berg (1960), Alabama Mills, Inc. v. Smith (1939)
25 federal appellate · 1 district · 13 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 Phillips v. Commissioner · Pierce v. Tennessee Coal, Iron & Railroad · 6 Ind. App. 109 - Pennsylvania Co. v. Dolan · Carney v. New York Life Insurance · Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co.
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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““This court has had occasion to state and affirm the wholesome doctrine that, where one has knowledge that another has purported to act for him without authority, he cannot retain the benefits of the act and escape the burdens. * * * “Furthermore, the cornerstone of ratification is knowledge of all material facts. * * * “The first knowledge or notice which defendants had of this oral contract was when the petition was filed, or a few days before. It is a very serious question whether notice of plaintiff’s claim that an oral contract was made, which Boylan denied, satisfies the requirement of knowledge of the contract; defendants did not know an oral agreement was made; what they knew was that plaintiff so claimed.””
1 later decision quote this exact passage · from the majority““Instead of ratifying, the defendants immediately repudiated the alleged agreement of Boyland; they denied that he made such' agreement, denied his authority to do so, if he did make it; and disavowed it in its entirety. True, they retained the assignments; but, as we have seen, their right to retain them was based on a separate and distinct transaction; and the assertion of such a right, although erroneous, is no evidence of ratification of a disconnected and unauthorized act.””
1 later decision quote this exact passage · from the majority“"Partnership contracts are usually terminable at will; usually the partnership is created by the writing. It is academic that articles of partnership, although terminable at will, are nevertheless contracts which govern the rights and obligations of the partners for the period of the partnership."”
1 later decision quote this exact passage · from the majoritye.g. Ross v. Stricker
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.