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← 215 La. 117 - Lingle v. Wainwright

Lingle v. Wainwright’s Empirical Analysis

1949

Citation profile

15
cited by 15 later decisions
2
states following
December 1985
most recently cited

15 state decisions

How this case has been cited

Cited by 15 later decisions — most recently December 1985

15 state decisions

8019491950196019701980decided

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 Polizzotto v. D'Agostino · 25 So. 2d 638 - Le Blanc v. Barielle

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

  1. ““We think it clear that the actions of plaintiff constitute a waiver of his right to insist that notice of renewal be given on or before March 1, 1946. While it is generally held that an option to renew a lease, provided notice is given at or before a specified time of the intention to exercise the privilege, is a condition precedent which must be complied with within the stipulated time (see Annotation, 27 A.L.R. 981 and cases there cited), it is equally well settled that such a provision is for the benefit of the lessor ‘and therefore the notice itself, or any other matter going to the sufficiency thereof, may be waived.’ 51 C.J.S., Landlord & Tenant, § 62, page 611, citing Polizzotto v. D’Agostino, 170 La. 932 , 129 So. 534, 536 [(1930)], where the court said: ‘And, further, that, having accepted and acted on said notice as being sufficient, the defendant thereafter cannot be heard to raise the question of the technical informality of the notice, or complete want of notice.’ ””
    2 later decisions quote this exact passage
  2. ““Silence and ínáctíon are also, under some circumstances, the means of showing an assent that creates an obligation; if, ,after the termination of a lease, the lessee continue in possession, and the lessor be inactive and silent, a'complete mutual obligation for continuing the lease, is created by the act of occupancy of the tenant on the one side, and the inaction and silence of the lessor on the other.””
    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.