Clancy v. Callan’s Empirical Analysis
1976
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently December 2021
12 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 37 Cal. 2d 592 - Potter v. Pacific Coast Lumber Co. · Lang v. Burns · Selber Bros. v. Newstadt's Shoe Stores · Eberle v. McKeown · Kirkeby v. Renaas
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A further consideration in determining whether there has been an accord and satisfaction is that it is an affirmative defense and the “burden of proof to establish such defense is on the party who seeks to rely on it.” Lang v. Burns, 1959, 77 S.D. 626 , 97 N.W.2d 863 . Thus, in this case, the burden of proof is on the [debt- or]. A final general proposition is that to succeed in this affirmative defense, the debtor “must make it clear that the check which he sent is offered only on condition that it is taken in full payment.” Willi-ston on Contracts, Third Edition, Section 1856. (other citations omitted)”
1 later decision quote this exact passage“Part performance of an obligation, either before or after a breach thereof, when expressly accepted by the creditor in writing in satisfaction, or rendered in pursuance of an agreement in writing for that purpose, though without any new consideration, extinguishes the obligation.”
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.