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← 83 S.D. 160 - Dave Gustafson & Co. v. State

Dave Gustafson & Co. v. State’s Empirical Analysis

1968

Citation profile

41
cited by 41 later decisions
7
states following
August 2025
most recently cited

3 federal appellate · 36 state decisions

How this case has been cited

Cited by 41 later decisions — most recently August 2025 · most notably Overholt Crop Insurance Service Co. v. Travis (1991), Silva & Hill Construction Co. v. Employers Mutual Liability Insurance (1971)

3 federal appellate · 36 state decisions

1201968197019801990200020102020decided

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 Priebe & Sons, Inc. v. United States · Anderson v. Cactus Heights Country Club · Willgohs v. Buerman · Barnes v. Clement · Seim v. Krause

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

  1. ““(1) An agreement, made in advance of breach, fixing the damages therefor, is not enforceable as a contract and does not affect the damages recoverable for the breach, unless “(a) the amount so fixed is a reasonable forecast of just compensation for the harm that is caused by the breach, and “(b) the harm that is caused by the breach is one that is incapable or very difficult of accurate estimation.””
    1 later decision quote this exact passage
  2. “Every contract in which amount of damage or compensation for breach of an obligation is determined in anticipation thereof is void to that extent except the parties may agree therein upon an amount presumed to be the damage for breach in cases where it would be impracticable or extremely difficult to fix actual damage.”
    1 later decision quote this exact passage
  3. “If a provision is construed to be one for liquidated damages, the sum stipulated forms, in general, the measure of damages in case of a breach, and the recovery must be for that amount. No larger or smaller sum can be awarded even though the actual loss may be greater or less.”
    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.