10 Ariz. App. 248 - Riggs v. Murdock’s Empirical Analysis
1969
Citation profile
24 state decisions
How this case has been cited
Cited by 28 later decisions — most recently April 2004 · most notably 153 N.J. Super. 294 - Ringwood Assocs., Ltd. v. Jack's of Route 23, Inc. (1977), Richter v. Dairy Queen of Southern Arizona, Inc. (1982)
24 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 Kulawitz v. Pacific Woodenware & Paper Co. · Automobile Supply Co. v. Scene-In-Action Corp. · 103 Cal. App. 2d 677 - Dorcich v. Time Oil Co. · Smith v. Neely · Rio Grande Oil Co. v. Pankey
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The doctrine of mitigation of damages is founded primarily in breach of contract actions and the resulting damage therefrom. (Citations omitted) However, as we have seen, the relationship of landlord and tenant is governed by principles of property law as well as contract law. In a lease transaction, moreover, a failure to reenter by a landlord on an abandonment by a tenant is, in essence, an affirmation of the lease, and the resulting cause of action by the landlord is for rentals due under the lease, rather than for damages for breach of contract. It would appear then, that the doctrine of mitigation of damages should not be applied in landlord-tenant transactions.” 10 Ariz.App. at 252 , 458 P.2d at 119 .”
1 later decision quote this exact passage““We believe the best rule, and the one based upon the soundest reasoning, is that the question of the tenant’s abandonment and the intent of the landlord in accepting that abandonment are questions of fact depending upon all the surrounding circumstances. (Citations omitted) “Under this principle the trier of facts must look at all the evidence in light of the surrounding circumstances and determine whether the dominion and control exercised by the landlord was for the landlord’s own benefit or for the benefit of and on behalf of the original tenant.” 10 Ariz.App. at 251 , 458 P.2d at 118 .”
1 later decision quote this exact passage““Ordinarily the lessor would have the right to hold the lessee liable for rents due for the balance of the term of the lease, subject to the lessor’s duty to attempt to mitigate damages to the credit of lessee.” 2 Ariz.App. at 254 , 407 P.2d at 795 .”
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.