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← 577 P.2d 951 - Cheever v. Schramm

Cheever v. Schramm’s Empirical Analysis

1978

Citation profile

22
cited by 22 later decisions
2
states following
June 2022
most recently cited

4 federal appellate · 1 district · 14 state decisions

How this case has been cited

Cited by 22 later decisions — most recently June 2022

4 federal appellate · 1 district · 14 state decisions

150197819801990200020102020decided

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 Pace v. Parrish · 27 Utah 2d 251 - Hardy v. Hendrickson · Johnson v. Allen · Oberg v. Sanders · McMillion v. McMillion

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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “(1) a representation; (2) concerning a presently existing material fact; (3) which was false; (4) which the represen-ter either (a) knew to be false, or (b) made recklessly, knowing that he had insufficient knowledge on which to base such representation; (5) for the purpose of inducing the other party to act upon it; (6) that the other party, acting reasonably and in ignorance of its falsity; (7) did in fact rely upon it; (8) and was thereby induced to act; (9) to his injury and damage.”
    3 later decisions quote this exact passage
  2. “[Schramm] assume{s] that [the USC form requirement] is a condition precedent to the formation of a valid contract between the parties. This assumption makes little sense, however, since [the requirement to use a USC-approved form] in no way indicates it is a condition, and there is no testimony a condition was implied. A simple statement or stipulation in a contract is not necessarily a condition to a party's duty of performance. The intention to create a condition in a contract must appear expressly or by clear implication.”
    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.