2 Kan. App. 2d 683 - Kiser v. Gilmore’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In actions based upon a breach of contract the damages recoverable are those which might reasonably have been anticipated by the parties and are limited to pecuniary loss which naturally occurs as a proximate result of the breach. [Citations omitted.] “It is a well accepted general rule that an unjustified breach of á contract does not entitle a party to punitive damages. [Citations omitted.] “An exception to this general rule is recognized when some independent tort or wrong results in additional injury which justifies the assessment of punitive damages by way of punishment of the wrongdoer. In such a case the proof of the independent tort must indicate the presence of malice, fraud or wanton disregard for the rights of others.” Hess v. Jarboe, 201 Kan. 705, 708-9 , 443 P.2d 294 (1968).”

   1 later decision quote this exact passage
   e.g. 5 Kan. App. 2d 739 - Atkinson v. Orkin Exterminating Co.

2. ““Under K.S.A. 60-215(0), when an issue not raised in the pleadings is tried by express or implied consent of the parties, the issue is treated as if it had been raised in the pleadings, and the failure to formally amend the pleadings to conform to the evidence does not affect the outcome of the litigation.” Syl. f 2. “Introduction of or failure to object to the introduction of evidence tending to prove an issue not raised in the pleading constitutes implied consent to try that issue.” Syl. ¶ 3.”

   1 later decision quote this exact passage
   e.g. Sieben v. Sieben