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← 201 La. 899 - Fogle v. Feazel

Fogle v. Feazel’s Empirical Analysis

1942

Citation profile

30
cited by 30 later decisions
1
states following
April 2018
most recently cited

4 federal appellate · 18 state decisions

How this case has been cited

Cited by 30 later decisions — most recently April 2018 · most notably 774 So. 2d 70 - Wainwright v. Fontenot (2000), 933 So. 2d 770 - McGee v. AC AND S, INC. (2006)

4 federal appellate · 18 state decisions

10019421950196019701980199020002010decided

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 Murphy Oil Co. v. Burnet · Fite v. Miller · Covington Oil Co. v. Jones · Fite v. Miller · Continental Oil Co. v. Fisher Oil 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “pecuniary compensation, recompense, or satisfaction for an injury sustained.”
    5 later decisions quote this exact passage
  2. ““There is nothing to indicate that the parties to this lease ever- contemplated that defendant’s failure to drill would subject him to the penalty of paying the cost of the drilling of a well, or any other sum of money. To the contrary, the parties seem to have contemplated that the only penalty for defendant’s failure to drill was the forfeiture of the lease executed in his favor by the plaintiff, because the lease contract contains the following pertinent stipulation: ‘Lessee further agrees that regardless of whether or not the well above referred to * * * is a producer or non-producer, that he will, not later than December 15th, 1940 begin the actual drilling of a second well of like depth to be located on the premises leased herein, or failure to do so shall immediately forfeit this lease and same shall then become null and void.’ * * “These stipulations clearly indicate, we think, that the only penalty contem-' plated by the parties for the violation of any of the provisions of the lease was that, in case the provisions of the lease were violated in any respect, the lease was to become null, void, and of no effect.””
    1 later decision quote this exact passage
  3. “"The plaintiff lost the right to have the well drilled by the defendant through his breach of the contract. The value of this right or the act of performance is the amount of money that it would have cost the defendant to drill the well when he should have done so. Therefore, it is our conclusion that the amount that it would have cost to drill the well at the time of performance furnishes a measure for determining the value of the loss or damage which the plaintiff sustained as a result of the defendant's unjustifiable nonperformance or breach of the contract, which deprived the plaintiff of his right to have the well drilled by the defendant. For interesting and informative discussions on this subject see the articles written by Dr. J. Denson Smith and Dr. Harriet S. Daggett of the Louisiana State University Law School, in Volume 11 of the Louisiana Law Review, pages 55, 58 and 83, and the article by Honorable Leslie Moses in Volume XIV, page 81, Tulane Law Review."”
    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.