186 W. Va. 482 - Thompson Development, Inc. v. Kroger Co.’s Empirical Analysis
1991
Citation profile
7 state decisions
Relationships
Relies on Energy Cooperative, Inc. v. Phillips Petroleum Co. · 148 W. Va. 160 - Aetna Casualty & Surety Co. v. Federal Insurance Co. of New York · Regents of the University v. Public Employment Relations Board · Rowe v. Great Atlantic & Pacific Tea Co. · 131 W. Va. 88 - Kanawha Banking & Trust Co. v. Gilbert
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In determining whether an implied covenant of continuous operation exists in a lease, the following factors should be taken into consideration: 1) whether the lease contains an inconsistent express term or a provision for a substantial fixed base rent; 2) whether the lease contains a provision giving the tenant free assignability of the lease; 3) whether the lease was actively negotiated by all parties involved; and 4) whether the lease contains a noncompetitive provision.”
1 later decision quote this exact passage“A motion for summary judgment should be granted only when it is clear that there is no genuine issue of fact to be tried and inquiry concerning the facts is not desirable to clarify the application of the law.”
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.