Pelser v. Gingold’s Empirical Analysis
1943
Citation profile
2 federal appellate · 2 district · 36 state decisions
How this case has been cited
Cited by 42 later decisions — most recently September 2012 · most notably Orme v. Atlas Gas and Oil Co. (1944), Trondson v. Janikula (1990)
2 federal appellate · 2 district · 36 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 Kettle River Railroad v. Eastern Railway Co. · Belmont v. . Coman · Ylijarvi v. Brockphaler · Fiske v. Tolman · 30 N.J. Eq. 591 - Heid v. Vreeland
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Generally speaking, a covenant touches or concerns the land if it is such as to benefit the grantor or the lessor, or the grantee or lessee, as the case may be. As the term implies, the covenant must concern the occupation or enjoyment of the land granted or demised and the liability to perform it, and the right to take advantage of it must pass to the assignee. Conversely, if the covenant does not touch or concern the occupation or enjoyment of the land, it is the collateral and personal obligation of the grantor or lessor and does not run with the land."”
6 later decisions quote this exact passage“An assignment of an executory contract does not create a personal liability on the part of the assignee to perform the provisions of the contract to be performed by the assignor unless there is a provision to that effect.”
1 later decision quote this exact passagee.g. Midtaune v. Burns
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.