99 Cal. App. 2d 675 - Walker v. Calloway’s Empirical Analysis
1950
Citation profile
38 state decisions
How this case has been cited
Cited by 38 later decisions — most recently March 2019 · most notably Smith v. Smith (1954), Henderson v. Fisher (1965)
38 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 Notten v. Mensing · Owens v. McNally · McCabe v. Healy · Howe v. Watson · Fred v. Asbury
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Where a contract is within the statute of frauds, as it is here (Civ. Code, § 1624(6); Code Civ. Proc., §1973(6)), the mere rendition of services is not usually such a part performance of a verbal agreement as will relieve the contract from the operation of the statute, but ‘if the services are of such a peculiar character that it is impossible to estimate their value by any pecuniary standard, and it is evident that the parties did not intend to measure them by any such standard, and if the plaintiff, after the performance of the services, could not be restored to the situation in which he was before the rendition of the services, it is such a part performance of the verbal agreement as will remove the contract from the rule, and equity, where other objections are not present, will decree specific performance. But in such cases the reason for the interposition of equity is quite obvious. Plaintiff has rendered services of extraordinary and exceptional character, such service as in contemplation of the parties was not to be compensated for in money, and as in contemplation of law, cannot be compensated for in money; therefore, by no action at law could a plaintiff be restored to Ms original position. It wouM be in the nature of a fraud upon Mm to deny him any relief, and, the law failing by reason of its universality, equity, to promote justice, makes good its imperfections. (Waterman on Specific Performance, §41; Pomeroy’s Specific Performance, §114.)’ (Owens v. McNally, 11”
2 later decisions quote this exact passage“comfort, care and consolation which he felt only she could give”
1 later decision quote this exact passage“desired none of the usual services of a nurse or housekeeper”
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.