Ackerman v. Loforese’s Empirical Analysis
1930
Citation profile
3 federal appellate · 21 state decisions
How this case has been cited
Cited by 24 later decisions — most recently February 2003
3 federal appellate · 21 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 Orr v. . Doubleday, Page Co. · City Coal Co. v. Marcus · Klein v. Auto Parcel Delivery Co. · Donovan Motor Car Co. v. Niles · Meadow Heights Country Club v. Hinckley
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A technical difference is frequently recognised, however, between the effect of a covenant for renewal and one for extension, especially as to the effect of retention of possession after the original term, it being held that a stipulation for renewal does not, like a covenant to extend, of itself and alone continue the tenancy for the renewal period, but calls for a new lease, a formal extension of the existing lease or something equivalent thereto, performance by the lessee of everything required of him to entitle him to a new lease, or, at least, some affirmative act by way of creation of an additional term.....But it is recognised that the technical difference may be controlled by the intention of the parties as manifested by the entire lease or by their practical construction of their contract, as by conduct before the controversy arose, whereby the privilege may be construed as one for an extension of term, though the language employed in a strict technical sense, may signify renewal. The mere fact that the privilege is called one to renew is not conclusive.””
1 later decision quote this exact passage““Roina’s acquiescence and conduct and that of his successors was consistent only with a construction that the word ‘renewed’ was used in the lease as synonymous with ‘extended’ or with an admission that the exercise by the plaintiff of his election to renew was such an affirmative act as to create the renewal. Andrews v. Marshall Creamery Co., supra [(1902), 118 Iowa 595 , 92 N. W. 706 ], Having led the lessee into relying upon that construction as the correct one, or that his act was sufficient to effectuate a renewal, they may not now be heard to assert the contrary.””
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.