109 N.J. Super. 83 - Salvatore v. Trace’s Empirical Analysis
1969
Citation profile
3 federal appellate · 2 district · 17 state decisions
How this case has been cited
Cited by 26 later decisions — most recently March 2009 · most notably 70 Ill. App. 3d 728 - Kitsos v. Terry's Chrysler-Plymouth, Inc. (1979), Ballantyne House Associates v. City of Newark (1993)
3 federal appellate · 2 district · 17 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 State v. Johnson · Headley v. Cavileer · Doctorman v. Schroeder · Stamato v. Agamie · Long v. Hartwell
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Where time of performance is of the essence of the contract, a party who does any act inconsistent with the supposition that he continues to hold the other party to his part of the agreement will be taken to have waived it altogether. When a specific time is fixed for the performance of a contract and is of the essence of the contract and it is not performed by that time, but the parties proceed with the performance of it after that time, the right to suddenly insist upon a forfeiture for failure to perform within the specified time will be deemed to have been waived and the time for performance will be deemed to have been extended for a reasonable time.”
2 later decisions quote this exact passage · from the majority“expressed in such fashion that the court can determine, with reasonable certainty, the duties of each party and the conditions under which performance is due,”
1 later decision quote this exact passage · from the majority“even where the contract explicitly stipulates that time shall be of the essence, the parties may nevertheless later waive that provision by their conduct.”
1 later decision quote this exact passage · from the majoritye.g. Richmond v. Biggans
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.