172 Ind. App. 309 - Ogle v. Wright’s Empirical Analysis

Citation profile

31 state decisions

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

1. ““A fundamental rule of damages applicable to breach of contract cases is that the party injured by the breach is limited in recovery to the loss actually suffered; he is not entitled to be placed in a better position than he would have been if the contract had not been broken.” (citation omitted)”

   2 later decisions quote this exact passage
   e.g. 176 Ind. App. 130 - Rauch v. Circle Theatre · Orto v. Jackson

2. “In the event Purchaser deserts or abandons the Real Estate or commits any other willful breach of this Contract which materially diminishes the security intended to be given to Seller under and by virtue of this Contract, then it is expressly agreed by Purchaser that, unless Purchaser shall have paid more than fifteen percent (15%) of the Purchase Price, Seller may, at Seller’s option, cancel this Contract and take possession of the Real Estate and remove Purchaser therefrom ... without any demand and to the full extent permitted by applicable law. In the event of Seller’s cancellation upon such default by Purchaser, all rights and demands of Purchaser under this Contract and in and to the Real Estate shall cease and terminate, and Purchaser shall have no further right, title or interest, legal or equitable, in and to the Real Estate, arid Seller shall have the right to retain all amounts paid by Purchaser toward the Purchase Price as an agreed payment for Purchasers possession of the Real Estate prior to such default. Such retention shall not bar Seller’s right to recover damages for unlawful detention of the Real Estate after default, for any failure to pay taxes or insurance, for failure to maintain the Real Estate at any time, for waste committed thereon or for any other damages suffered by Seller, including reasonable attorney’s fees incurred by Seller in enforcing any right hereunder or in removing any encumbrance on the Real Estate made or suffered by Purchaser. All of”

   1 later decision quote this exact passage
   e.g. Hooker v. NORBU

3. ““(a) The extent to which the injured party will obtain the substantial benefit which he could have reasonably anticipated; (b) The extent to which the injured party may be adequately compensated in damages for lack of complete performance; (c) The extent to which the party failing to perform has already partly performed or made preparations for performance; (d) The greater or less hardship on the party failing to perform in terminating the contract; (e) The wilful, negligent or innocent behavior of the party failing to perform; (f) The greater or less uncertainty that the party failing to perform will perform the remainder of the contract.””

   1 later decision quote this exact passage
   e.g. 179 Ind. App. 357 - Churchwell v. Coller & Stoner Building Co.