Schwab v. Baremore’s Empirical Analysis
1905
Citation profile
27 state decisions
How this case has been cited
Cited by 31 later decisions — most recently October 1980 · most notably Old Colony Trust Co. v. Chauncey (1913), Kirk v. Welch (1942)
27 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 Ladd v. Weiskopf · Weitzner v. Thingstad · Dana v. St. Paul Investment Co. · Mackey v. Ames · Joslyn v. Schwend
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is entirely competent for the parties to a contract to provide for the discharge or annulment thereof, either by subsequent agreement or by incorporating provisions or conditions to that end in the original agreement, and they may fix and limit the rights and liability of each in the event of a failure of performance, and the courts will enforce contracts in this particular precisely as in other respects, and in accordance with the rights of the parties as they are thus fixed and limited.””
1 later decision quote this exact passage“Within this rule, defendant has a legal right with plaintiff to invoke this particular feature of the contract, in the absence of a showing of fraud on his part to avoid performing the same.”
1 later decision quote this exact passagee.g. Hart v. Honrud
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.