Treff v. Gulko’s Empirical Analysis
1932
Citation profile
8 federal appellate · 39 state decisions
How this case has been cited
Cited by 47 later decisions — most recently August 2017 · most notably Gold Mining & Water Co. v. Swinerton (1943), 10 Cal. 2d 232 - Hartman Ranch Co. v. Associated Oil Co. (1937)
8 federal appellate · 39 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 Hermitage Co. v. Levine · Kottler v. New York Bargain House, Inc. · Bradbury v. Higginson · Bonetti v. Treat · Phillips-Hollman, Inc. v. Peerless Stages, Inc.
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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ !2. He may take possession of the premises, relet the same, and recover from the tenant any damages suffered thereby. Such damages will he the difference between the amount secured on the reletting and the amount provided for in the original lease. If this alternative be selected, in the absence of a covenant in the lease to the contrary, and perhaps where the landlord has relet for the balance of the entire term (which latter point we do not here decide), the law is well settled that the landlord cannot recover in installments, but must bring his action at the expiration of the original term, at which time the damages for the first time can he ascertained. Oliver v. Loydon, 163 Cal. 124 , 124 P. 731 ; Bradbury v. Higginson, 1621 Cal. 602 , 123 P. 797 ; Hermitage Co. v. Levine, 248 N. Y. 333 , 162 N. E. 97 , 98, 59 A. L. E. 1015. See, also, Respini v. Porta, 89 Cal. 464 , 26 P. 967 , 23 Am. St. Rep. 488 .’ “In the present case, the respondent having elected to take possession o£ the premises and relet the same and to rest upon his action for damages, we must conclude, upon the authority of the last-quoted ease, that his action was prematurely begun, and that the judgment awarding damages to him must be reversed.””
2 later decisions quote this exact passage“The rule is well settled that where a lease has been repudiated by a tenant, and the premises abandoned, and there are no covenants in the lease to the contrary, the landlord has a choice of but two remedies:”
1 later decision quote this exact passage“occupancy of the premises [which] terminates with his abandonment of possession.”
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.