Jitner v. Gersch Development Co.’s Empirical Analysis

Citation profile

2 federal appellate · 2 district ·

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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the second party has the option of treating the contract as breached and bringing an action, without tendering performance or awaiting the time that the first party’s performance would be due.” Id. The parties have agreed that the doctrine of anticipatory breach does not apply in this case, and that portion of Defendants’ counterclaims is dismissed. .Ross argues that the FED action and the declaratory action in this Court constitute”

   1 later decision quote this exact passage
   e.g. Ross Dress for Less, Inc. v. Makarios-Oregon, LLC

2. “before a party to an executory contract may be said to have anticipatorily breached the same he must refuse by acts or deeds [to] perform his obligations under the contract positively, unconditionally, unequivocally, distinctly and absolutely.”

   1 later decision quote this exact passage
   e.g. Kirkland v. Legion Insurance