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← 73 SO2D 580 - Malarcher v. Nackley

Malarcher v. Nackley’s Empirical Analysis

1954

Citation profile

1
cited by 1 later decisions
1
states following
March 1956
most recently cited

1 state decisions

Relationships

Relies on Charles Kock v. Louis Emmerling

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

  1. ““ ‘The equity intended by this rule is founded in the Christian principle not to do unto others that which we would not wish others should do unto us; and on the moral maxim of the law that no one ought to enrich himself at the expense of another. When the law of the land, and that which the parties have made for themselves by their contract, are silent, courts must apply these principles to determine what ought to be incidents to a contract, which are required by equity.’ ””
    1 later decision quote this exact passage
  2. ““The condition is considered as fulfilled, when the fulfillment • of -it has been prevented by the party bpund to perform it.””
    1 later decision quote this exact passage

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.