98 Cal. App. 338 - McClintick v. Frame’s Empirical Analysis
1929
Citation profile
8 state decisions
How this case has been cited
Cited by 8 later decisions — most recently May 1972
8 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 White v. Schader · Brosseau v. Lowy · 76 Cal. App. 1 - California Canning Peach Growers v. Downey · 24 Cal. App. 183 - Eldridge v. Mowry · 24 Cal. App. 303 - McGinn v. Willey
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Respondents urge that the original contract was modified by the subsequent April agreement and that new terms in the April agreement take the place of the terms in the February agreement and, therefore, the old contract stands with substitution of the new terms for the old terms that were by the new contract modified. Such claim amounts to a substitution of the individual obligation of W. P. Frame for the joint and several obligations of W. P. and Theodosia Frame and amounts to a claim of novation (Civ. Code, sec. 1530). A novation contract is subject to all the rules concerning contracts in general (Civ. Code, sec. 1532). It would require a considera tion from Theodosia Frame to support it, and as the February agreement is in writing a substitution could only be made by another agreement in writing or by an executed oral agreement (Civ. Code, sec. 1698). It would have to be joined in by all the parties to the original agreement (California Canning Peach Growers v. Downey, 76 Cal.App. 1 [ 243 P. 679 ]). The April agreement not being joined in by Catherine McClintick can have no binding effect upon her.””
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.