James Baird Co. v. Gimbel Bros., Inc.’s Empirical Analysis
64 F.2d 344 · 1933
Citation profile
23 federal appellate · 2 district · 24 state decisions
How this case has been cited
Cited by 57 later decisions — most recently August 2018 · most notably Kham & Nate's Shoes No. 2, Inc. v. First Bank of Whiting (1990), 51 Cal. 2d 409 - Drennan v. Star Paving Co. (1958)
23 federal appellate · 2 district · 24 state decisions — followed in 16 states
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 Wisconsin & Michigan Railway Co. v. Powers · Allegheny College v. National Chautauqua County Bank of Jamestown · Siegel v. . Spear Co. · Banning Co. v. California · Comstock v. North
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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]n commercial transactions it does not in the end promote justice to seek strained interpretations in aid of those who do not protect themselves.”
11 later decisions quote this exact passage · from the majority“Offers are ordinarily made in exchange for a consideration, either a counter-promise or some other act which the promisor wishes to secure.... But a man may make a promise without expecting an equivalent; a donative promise, conditional or absolute.... The doctrine of “promissory estoppel” is to avoid the harsh results of allowing the promisor in such a case to repudiate, when the promisee has acted in reliance upon the promise.... But an offer for an exchange is not meant to become a promise until a consideration has been received, either a counter-promise or whatever else is stipulated. To extend it would be to hold the offeror regardless of the stipulated condition of his offer.”
1 later decision quote this exact passage · from the majority““contractors had a ready escape from their difficulty by insisting upon a contract before they used the figures””
1 later decision quote this exact passage · from the majority
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.