Schaeffer v. Bilger’s Empirical Analysis
1946
Citation profile
6 federal appellate · 2 district · 25 state decisions
How this case has been cited
Cited by 33 later decisions — most recently March 2012 · most notably Didriksen v. Havens (1949), Hindu Incense Manufacturing Co. v. MacKenzie (1949)
6 federal appellate · 2 district · 25 state decisions — followed in 11 states
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 Pettit v. Tourison · Maughlin v. Perry · Thomas v. Gottlieb, Bauernschmidt, Straus Brewing Co. · Gostin v. Needle · Maryland Theatrical Corp. v. Manayunk Trust 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"* * * The extension option says that such extended term shall be `subject to the aforegoing covenants and conditions otherwise herein contained.' The option to purchase was not one of the `aforegoing covenants' but it was one of the `conditions otherwise herein contained' and it apparently was a very important one. It may well have been one of the chief considerations why the tenant entered into the lease, paid the rent and made the improvements he did. And this conclusion is strengthened, if it needs any strengthening, by the fact that the option to renew states that the tenant may extend the term hereby created for another term of five years and the option to purchase states that it can be exercised `at any time during the period of the term hereby created.' The term created was three years with the right to extend for five more, which made a term of eight years, which period, however, might be lessened at the pleasure of the lessee. * * * [T]he present tendency and, we think, the better rule, is to hold that where a lease with a right of renewal or extension contains an option to purchase, it will be considered as an indivisible contract. The option to purchase will go along with the term unless some contrary intention clearly appears and regardless of whether `the lease is renewed' or `the term is extended'."”
3 later decisions quote this exact passage · from the majority“The question whether an option to purchase contained in a lease can be exercised by a tenant during an additional term provided for in the lease, has been productive of much difficulty and has produced many decisions which cannot be reconciled. It seems to be generally agreed that it depends upon the intention of the parties to be gathered from the lease itself. * * *”
2 later decisions quote this exact passage · from the majority“for another term of five years * * * subject to the aforegoing covenants and conditions otherwise herein contained.”
1 later decision quote this exact passage · from the majoritye.g. Sisco v. Rotenberg
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.