Barger v. Gery’s Empirical Analysis
1902
Citation profile
11 state decisions
How this case has been cited
Cited by 11 later decisions — most recently June 1978
11 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 Vought v. . Williams · Shriver v. . Shriver · Hellreigel v. . Manning · Ferry v. . Sampson · Moser v. . Cochrane
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In all cases where the vendor seeks to force a title upon the vendee, it is the latter’s position, not at the commencement of the suit, but at its termination, which is to be regarded. The question is, not what kind of a title the vendor has, but what kind of a title the vendee will get if the court of chancery or the court of errors and appeals, after reviewing the decree of the court of chancery, forces the offered title upon him. [Barger v. Gery, 64 N. J. Eq. 263, 268 (Ch. 1902)]”
1 later decision quote this exact passagee.g. Conklin v. Davi“`A specific performance will never be decreed at the suit of the vendor whenever the doubt concerning his title is one which can only be settled by a further litigation, or when the court can see that the purchaser will, with reasonable probability, be exposed to bona fide adverse claims on the part of third persons, and to the risk of litigation for the purpose of removing such claims.'”
1 later decision quote this exact passage“In this case the evidence to support the offered title was not presented by the vendor to the vendee; a very important part of it was obtained by the vendor after this suit was commenced. [Id. at 277]”
1 later decision quote this exact passagee.g. Conklin v. Davi
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.