Public-domain · open source
OpenJurist
← 796 SW2D 415 - DeMean v. Ledl

DeMean v. Ledl’s Empirical Analysis

1990

Citation profile

3
cited by 3 later decisions
1
states following
May 2010
most recently cited

3 state decisions

Relationships

Relies on Fowler v. Park Corp. · Cornell v. Texaco, Inc. · Maples v. United Savings & Loan Ass'n · Boyd v. Wimes · G. B. Morris v. Morris

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

  1. ““[Pjarties to a contract cannot, even by an express provision in that contract, deprive themselves of the power to alter or vary or discharge it by subsequent agreement. An express provision in a written contract that no rescission or variation shall be valid unless it too is in writing is ineffective to invalidate a subsequent oral agreement to the contrary. In like manner, a provision that an express condition of a promise or promises in the contract cannot be eliminated by waiver, or by conduct constituting an estoppel, is wholly ineffective. The promisor still has the power to waive the condition, or by his conduct to estop himself from insisting upon it, to the same extent that he would have had this power if there had been no such provision.””
    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.