Alois v. Waldman’s Empirical Analysis
1959
Citation profile
2 district · 44 state decisions
How this case has been cited
Cited by 51 later decisions — most recently April 2015 · most notably Traylor v. Grafton (1975), Goldman v. Connecticut General Life Insurance (1968)
2 district · 44 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 Royer v. Carter · Quillen v. Kelley · Griffith v. Scheungrab · Vanadium Corp. v. Fidelity & Deposit Co. of Maryland · Willson v. Mayor of Baltimore
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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is well settled that, where cooperation is necessary to the performance of a condition, a duty to cooperate will be implied, and that a party owing such duty cannot prevail if such failure operates to hinder or prevent performance of the condition. See Restatement, Contracts, § 315 (1) and § 395, Comment c; Williston, Contracts (Rev. Ed.) §§ 1293, 1293 A. Cf. Black v. Woodrow, 39 Md. 194, 215; Milske v. Steiner Mantel Co., 103 Md. 235, 249 ; Vanadium Corporation v. Fidelity & Deposit Co., 159 F. 2d 105, 108 (C.C.A. 2d) ; Griffith v. Scheungrab, 219 Md. 27, 34 .””
1 later decision quote this exact passage · from the majority“It has been held that one cannot forfeit the deposit as liquidated damages and at the same time make claim for actual damages. Brook Haven, Inc. v. Silverman, 120 A.2d 591, 592 (Mun.C.A., D.C.[1956]); Kaplan v. Walsh [ 188 Misc. 1036 ], 72 N.Y.S.2d 455 [ (1947) ] ... It would seem improper, as the cases indicate, to allow both.”
1 later decision quote this exact passage · from the majority“It is well settled that, where cooperation is necessary to the performance of a condition [in a contract], a duty to cooperate will be implied, and that a party owing such a duty cannot prevail if such failure operates to hinder or prevent performance of the condition.”
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.