Chain v. Wilhelm’s Empirical Analysis
84 F.2d 138 · 1936
Citation profile
1 state decisions
How this case has been cited
Cited by 3 later decisions — most recently October 1987
1 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
Relationships
Applies 11 U.S.C. § 101 (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005)
Relies on Buckeye Cotton Oil Co. v. Amrhein · Lorch's Estate · Gay v. Ward · Jordan v. Dobbins · Exchange National Bank v. Hunt
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.
““The effect of death upon a revocable offer is thus stated in Restatement of Contracts, sec. 48: ‘A revocable offer is terminated by the offeror’s death or such insanity as deprives him of legal capacity to enter into1 the proposed contract.’ See, also, section 35. This rule has been criticized on the ground that under the .modern view of the formation of contracts, it is not the actual meeting of the minds of the contracting parties that is the determining factor, but rather the apparent state of mind of the parties embodied in an expression of mutual consent; so that the acceptance by an offeree of an offer, which is apparently still open, should result in an enforceable contract notwithstanding the prior death of the offeror unknown to the offeree. On the other hand, it has been forcibly suggested that ordinarily the condition' is implied in an offer that the offeror will survive to supervise the performance if his offer is accepted, and therefore an acceptance after death is ineffective even though the acceptor be ignorant of the offeror’s death. See the discussion by Herman Oliphant in 18 Mich. Law Review, 201; James Lewis Parks, 19 Mich. Law Review, 152, 23 Mich. Law Review, 475, 29 Univ. of Mo. Bulletin (Law Series 40) 5; Merton L. Ferson in 10 Minn. Law Review, 373; Selected Readings on the Law of Contracts, pp. 251, 260, 266, 275; Williston on Contracts (Rev. Ed.) sec. 62. These conflicting views, however, were given consideration in the preparation of the Restatemen”
1 later decision quote this exact passage · from the majority
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.