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← 666 P2D 1122 - Smith v. Huber

Smith v. Huber’s Empirical Analysis

1983

Citation profile

12
cited by 12 later decisions
3
states following
October 2006
most recently cited

1 district · 11 state decisions

How this case has been cited

Cited by 12 later decisions — most recently October 2006

1 district · 11 state decisions

60198319902000decided

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 Page v. Clark · 35 Colo. App. 6 - Dulin v. West · Gertner v. Limon National Bank · Bankers Trust Co. v. Hall · Sodal v. French

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

  1. ““It is the general rule that a party seeking to rescind a contract must return the opposite party to the position in which he was prior to entering into the contract. However, this is not a technical rule, but rather it is equitable and requires practicality in readjusting the rights of the parties. The standard used is ‘substantial restoration of the status quo.’ How this is to be accomplished, or indeed whether it can, is a matter which is within the discretion of the trial court, under the facts as found to exist by the trier of the fact.” (Citations omitted.) Smith v. Huber, Colo.App., 666 P.2d 1122, 1124-1125 (1983).”
    2 later decisions quote this exact passage
    e.g. Walter v. Moore · Millheiser v. Wallace
  2. “How this is to be accomplished, or indeed whether it can, is a matter which is within the discretion of the trial court, under the facts as found to exist by the trier of the fact.”
    2 later decisions quote this exact passage
    e.g. Millheiser v. Wallace · Dugan v. Jones

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.