87 Cal. App. 2d 36 - Aaker v. Smith’s Empirical Analysis
1948
Citation profile
26 state decisions
How this case has been cited
Cited by 26 later decisions — most recently August 2011 · most notably 50 Cal. 2d 502 - Pao Ch'en Lee v. GREGORICU (1958), Stockton Dry Goods Co. v. Girsh (1951)
26 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.
Relationships
Relies on Schubert v. Lowe · 14 Cal. 2d 102 - McAllister v. Drapeau · Kulawitz v. Pacific Woodenware & Paper Co. · 33 Cal. App. 2d 725 - Grant v. Long · 13 Cal. App. 108 - Wayman Investment Co. v. Wessinger
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The true rule applicable to this situation was stated in Wayman Inv. Co. v. Wessinger, 13 Cal.App. 108, 110 [ 108 P. 1022 ], as follows: ‘Although there may be some illegal features indirectly connected with a transaction involved in a suit, yet the plaintiff may recover if his cause of action is otherwise legitimate, and he can make out his case without calling to his aid the illegal agreement. The test of whether the demand can be enforced at law is whether the plaintiff requires the aid of the illegal contract to establish his case. ’ (See also McAllister v. Drapeau, 14 Cal.2d 102, 112 [ 92 P.2d 911 , 125 A.L.R. 800 ] ; Warner v. Marchetti, 52 Cal.App.2d 172, 177 [ 125 P.2d 838 ] ; Wagner v. Worrell, 76 Cal.App.2d 172, 179 [ 172 P.2d 751 ].)””
1 later decision quote this exact passagee.g. Sparks v. Richardson
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.