Wing, Incorporated v. Arnold’s Empirical Analysis
1958
Citation profile
12 state decisions
How this case has been cited
Cited by 13 later decisions — most recently January 2004
12 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 Keogh v. Peck · Rader v. Prather · Story Ex Rel. Story v. First National Bank & Trust Co. · Hollander v. Central Metal & Supply Co. · Waterman v. Higgins
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““This suit was brought for the dual purpose of enforcing a provision under which the lease could be terminated for a default by the lessee, and for a determination that the option to purchase granted to the lessee was invalid. The latter effort did not come within the covenant as to fees, in that it sought to invalidate rather than to enforce a provision of the lease. The former, while it sought to enforce a right incident to a default, lost its character for the purposes of the attorney fees contract, when the trial court absolved the lessee of the default, which had been charged against it as a basis for the attempted cancellation of the lease. We construe the provision of the lease relating to attorney fees, as quoted hereinabove, as being incident to the establishment of a default and for a proceeding based thereon. See Robinson v. Feltus, Fla.1953, 68 So.2d 815 ; Selman v. Bryant, 261 Ala. 53 , 72 So.2d 704, 709 ; Arnot v. Union Salt Co., 186 N.Y. 501 , 79 N.E. 719 . That requirement for the existence or establishment of an actionable default was not met by the plaintiff-appellee; and since a basis for the awarding of attorney fees was lacking, the decree must be reversed to that extent. “The decree appealed from is affirmed as against the cross assignments of •error, and reversed on the appeal of the lessee challenging the allowance of attorney’s fees, and the cause is remanded for the entry of an order modifying the decree accordingly.””
1 later decision quote this exact passage“The reasoning given to the majority view is that improvement of the land is stimulated rather than retarded by the presence of an option to purchase in the lessee, and substantial improvements may be made by the lessee with impunity. Without the benefit of such an option it would not be good business for a lessee to make improvements which would have substantial value at the end of the lease term; and a contrary rule would defeat the policy favoring free alienation and use of property, sought to be furthered by the Rule Against Perpetuities.”
1 later decision quote this exact passage“[T]he vesting of an estate . . can be postponed no longer than a life or lives in being and twenty-one years plus the period of gestation.”
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.