Euler v. Kessler’s Empirical Analysis
1942
Citation profile
3 state decisions
Relationships
Relies on Prescott v. Mutual Benefit Health and Accident Ass'n. · 68 Beacon Street, Inc. v. Sohier · Springer v. DeWolf · Waggoner v. Edwards · 123 W. Va. 53 - Bankers Pocahontas Coal Co. v. Monarch Smokeless Coal Co.
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“where, by the language used in the assignment by the lessee, or in the acceptance of the assignment by the assignee, the assignee has bound himself to perform the covenants of the lease, there is a contractual liability to pay rent for the remainder of the term, which the assignee cannot defeat by reassignment unless, of course, the lessor agrees to relieve the assignee of such liability. 131 P.2d at 909 .”
1 later decision quote this exact passage · from the majority“The liability of an assignee of a lease who has entered into a valid and binding contract with the lessor and has assumed the obligations of the lease is not terminated by reassignment of the lease, which divests the lessee of his title to the term; [sic] the reassignment terminates the privity of the estate, but not the privity of contract.”
1 later decision quote this exact passage · from the majority
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.