Hubbard v. Mathis’s Empirical Analysis
1963
Citation profile
18 state decisions
How this case has been cited
Cited by 18 later decisions — most recently March 2010
18 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 Paulos v. Janetakos · Srader v. Pecos Construction Company · Sooner Pipe & Supply Corp. v. Doerrie · Whelan v. New Mexico Western Oil & Gas Co. · Fullerton v. Kaune
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he only question on the appeal is whether the services which appellant rendered with respect to the investment properties were of a type which would remove this provision of the alleged contract [of services in exchange for a ten percent interest of the value of the investment properties] from the bar of the statute of frauds. Unless these services are of such a nature as to render them incapable of compensation by any pecuniary standard, or if they cannot be compensated for on the basis of quantum meruit, they are not of the peculiar character requisite to a removal of this contract from the statute of frauds.”
1 later decision quote this exact passagee.g. Beaver v. Brumlow“It is true that equity will regard the bar of the statute of frauds as removed when one party has so far performed his part of its terms that it would amount to a fraud on him to permit the other party to use the defense of the statute of frauds. But where the contract is one for conveyance of real estate and the performance relied upon to remove it from the statute of frauds consists of services rendered, the services must be of such exceptional or extraordinary nature that they are incapable of compensation measured by definite monetary standards.”
1 later decision quote this exact passagee.g. Beaver v. Brumlow“It [sic] order for equity to prevent the application of the statute of frauds, the party seeking specific performance must perform his part of the alleged oral agreement to such an extent that it would constitute a fraud on him to permit the other party to use the defense of the statute of frauds, and where the contract is one for the conveyance of real property, the part performance must be of such exceptional or extraordinary nature that they are incapable of compensation measured by definite monetary standards.”
1 later decision quote this exact passagee.g. Beaver v. Brumlow
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.