Jennings v. Realty Developers, Inc.’s Empirical Analysis
1970
Citation profile
1 federal appellate · 23 state decisions
How this case has been cited
Cited by 27 later decisions — most recently April 2005 · most notably Drake v. Livesay (1986), Forbes v. Rapp (2005)
1 federal appellate · 23 state decisions
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 Pollard & Bagby, Inc. v. Morton G. Thalhimer, Inc. · Mundy's Executors v. Garland · Conover v. Tindall
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Consistent with Pollard & Bagby v. Thalheimer, supra, we hold that the mere institution of a suit in chancery does not necessarily of itself constitute an election of remedies and preclude the bringing of an action at law; that where two proceedings are instituted on the same set of facts, the defendant can compel the plaintiff to make an election; and that there can be only one recovery where the cause of action involves the same parties and touches the same subject matter. Id., at 482.”
1 later decision quote this exact passage · from the majority“it is not necessary for... [a party]... in order to maintain an action for such breach, to be able to convey such title as he contracts to convey at the time he enters into the contract, but he must be able to do so when he is required by the terms of the contract to perform on his part....”
1 later decision quote this exact passage · from the majority“We do not think that the bare fact that there was a common law mistrial constituted an estoppel.”
1 later decision quote this exact passage · from the majority
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.