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← 58 N.M. 18 - Keirsey v. Hirsch

Keirsey v. Hirsch’s Empirical Analysis

1953

Citation profile

50
cited by 50 later decisions
1
states following
December 1996
most recently cited

48 state decisions

How this case has been cited

Cited by 50 later decisions — most recently December 1996 · most notably Sims v. Sims (1996), Gregg v. Gardner (1963)

48 state decisions

18019531960197019801990decided

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 16 Cal. 2d 516 - Bank of California v. Superior Court · Pitek v. McGuire · Mesich v. Board of County Com'rs of McKinley Co. · American Trust & Savings Bank v. Scobee · Hugh K. Gale Post No. 2182 Veterans of Foreign Wars v. Norris

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

  1. ““To satisfy the statute of frauds the contract itself must be in writing; or if verbal, then there must have been some writing subsequently made however informal, stating each of its essential elements, signed by the person to be charged, or by his authorized agent acting for him. “The essentials of such contracts have been stated as follows: “ ‘A memorandum, in order to make enforceable a contract within the statute, may be any document or writing, formal or informal, signed by the party to be charged or by his agent actually or apparently authorized thereunto, which states with reasonable certainty, (a) Each party to the contract either by his own name, or by such a description as. will serve to identify him, or by the name or description of his agent, and (b) the land, goods, or other subject-matter to which the contract relates, and (c) the terms and conditions of all the promises, constituting the contract and by whom and to whom the promises are made.’' Restatement of Law of Contracts, Sec. 207. “ ‘Generally speaking, a memorandum in writing meets the requirements of the statute of frauds that certain contracts shall be evidenced by writing if it contains the names of the parties, the terms and conditions of the contract, and a description of the property sufficient to render it capable of identification.’ 49 A.J. ‘Statute of Frauds’ Sec. 321. * * * “There is a difference between a contract in writing and a memorandum of a parol contract as contemplated by the statute o”
    1 later decision quote this exact passage
  2. ““It is settled in New Mexico that real estate owned by a decedent descends upon his death to his heirs and not to his administrators; it is further settled that the purchaser under a real estate contract has acquired a property interest in land of such a character that it descends to his heirs and not to his administrators. * * * ””
    1 later decision quote this exact passage
  3. “[t]he statute of fraud is intended to protect against fraud; it is not intended as an escape route for persons seeking to avoid obligations undertaken by or imposed upon them.”
    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.