FORECA, SA v. GRD Development Co., Inc.’s Empirical Analysis
1988
Citation profile
6 federal appellate · 1 district · 44 state decisions
How this case has been cited
Cited by 55 later decisions — most recently January 2022 · most notably Fiess v. State Farm Lloyds (2006), Nowlin v. Resolution Trust Corp. (1994)
6 federal appellate · 1 district · 44 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.
Appellate journey
reviewedthe decision below (from Texas Court of Appeals, 8th District (El Paso))
Relationships
Relies on Coker v. Coker · Evans v. Jeff D. · Western Union Telegraph Co. v. Texas Employment Commission · R & P Enterprises v. LaGuarta, Gavrel & Kirk, Inc. · Universal C. I. T. Credit Corp. v. Daniel
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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“One of the most common illustrations of preliminary negotiation that is totally inoperative is one where the parties consider the details of a proposed agreement, perhaps settling them one by one, with the understanding during this process that the agreement is to be embodied in a formal written document and that neither party is to be bound until he executes this document. Often it is a difficult question of fact whether the parties have this understanding; and there are very many decisions holding both ways. These decisions should not be regarded as conflicting, even though it may be hard to reconcile some of them on the facts that are reported to us in the appellate reports. It is a question of fact that the courts are deciding, not a question of law; and the facts of each case are numerous and not identical with those of any other case. In very many cases the question may properly he left to a jury.”
1 later decision quote this exact passagee.g. Martin v. Black“the extent to which express agreement has been reached on all the terms to be included; whether the contract is of a type usually put in writing; whether it needs a formal writing for its full expression; whether it has few or many details; whether the amount involved is large or small; whether it is a common or unusual contract; whether a standard form of contract is widely used in similar transactions; and whether either party takes any action in preparation for performance during the negotiations.”
1 later decision quote this exact passage · from the dissente.g. Martin v. Black“'increasingly common [situation] in business negotiations' in which an '[a]greement was reached as to certain material terms, yet another formal document was contemplated by the parties.'”
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.