Kenefick v. Schumaker’s Empirical Analysis
1917
Citation profile
25 state decisions
How this case has been cited
Cited by 25 later decisions — most recently December 2006 · most notably 82 Ind. App. 444 - Cook & Bernheimer Co. v. Hagedorn (1921), 147 Ind. App. 364 - Snyder v. International Harvester Credit Corp. (1970)
25 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 Tewksbury v. Howard · Gibson v. Brown · 50 Ind. App. 324 - Templer v. Muncie Lodge, I. O. O. F. · Tarkington v. Purvis · Stephenson v. Allison
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““An approved definition of waiver reads as follows: ‘Waiver is where one in possession of any right, whether conferred by law or by contract, and with full knowledge of material facts, does or forbears the doing of something inconsistent with the existence of the right or of his intention to rely upon it; thereupon he is said to have waived it, and he is precluded from claiming anything by reason of it afterwards.’ Shedd v. American Credit, etc., Co. (1911), 48 Ind. App. 23 , 95 N. E. 316 ; Ohio Valley Buggy Co. v. Anderson Forging Co. (1907), 168 Ind. 593 , 81 N. E. 574 , 11 Ann. Cas. 1045. In accord with this rule it is held that performance within the time specified by a contract may be waived by the conduct of the other party; as by acts recognizing the contract as subsisting, by receiving payments, or by continuing negotiations. 36 Cyc 717;Emmons v. Kiger (1864), 23 Ind. 483 ; Templer v. Muncie Lodge, etc. (1911), 50 Ind. App. 324 , 97 N. E. 546 ; Merrell v. Garver (1913), 54 Ind. App. 514 , 101 N. E. 152 ; 2 Black, Rescission and Cancellation §§ 594-610; Davis v. Robert (1889), 89 Ala. 402 , 8 South. 114 , 18 Am. St. 126.” See also: 28 Am. Jur. 2d, Estoppel and Waiver, § 154, p. 836; 6 I.L.E. Contracts, § 233, p. 268.”
1 later decision quote this exact passage“In such a title there is no room for reasonable doubt; no question as to peaceable possession; no indication of superior rights; nothing to suggest adverse claims, or probable litigation. For these, one and all, would be matters of a serious nature and in such a title [marketable] it is expressly declared that defects of such a nature do not exist. 64 Ind.App. at 565 , 116 N.E. at 323 .”
1 later decision quote this exact passagee.g. Staley v. Stephens“a title must be free from reasonable doubt, and such that a reasonably prudent person, with full knowledge of the facts and their legal bearings, willing and anxious to perform his contract, would, in the exercise of that prudence which business men ordinarily bring to bear upon such transactions, be willing to accept and ought to accept.”
1 later decision quote this exact passagee.g. Russell v. Walz
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.