Thurner v. Kaufman’s Empirical Analysis
1985
Citation profile
2 federal appellate · 18 state decisions
How this case has been cited
Cited by 20 later decisions — most recently July 2013
2 federal appellate · 18 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 Micheaux v. Amalgamated Meatcutters & Butcher Workmen of North America, Local P-94 · Melancon v. Texas Company · Jicarilla Apache Tribe v. Andrus · Howerton v. Kansas Natural Gas Co. · Celco, Inc. of America v. Davis Van Lines, 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Although courts have shown an unwillingness to declare forfeiture for breach of express provisions which limit the lessee’s use of the surface, forfeitures have been granted, in the absence of an express forfeiture clause, in other situations. For instance, this court has awarded cancellation for breach of the implied covenant to develop and for abandonment. See Rook v. James E. Russell Petroleum, Inc., 235 Kan. 6 , 679 P.2d 158 (1984); Shaw v. Henry, 216 Kan. 96 , 531 P.2d 128 (1975); Vonfeldt v. Hanes, 196 Kan. 719 , 414 P.2d 7 (1966); Brinkman v. Empire Gas & Fuel Co., 127 Kan. 551 , 274 Pac. 277 (1929); Howerton v. Gas Co., 81 Kan. 553 , 106 Pac. 47 (1910). In Howerton , this court stated, ‘If the remedy in damages is impracticable and a forfeiture in the given case is not unconscionable, and die forfeiture must be decreed to prevent injustice, the power of a court of equity to grant it can not be doubted.’ 81 Kan. at 561 .” 237 Kan. at 189 .”
1 later decision quote this exact passage · from the majority““Where a lessee under an ‘unless’ oil and gas lease is ready, able, and willing either to develop the premises or to pay rentals, an attack upon the lessee’s title by the lessor will relieve the lessee of the duty to either proceed with drilling operations or pay the delay rental specified in the lease during the continuance of the challenge to his title.””
1 later decision quote this exact passage · from the majority““If the lease in this case had subsequently been found by the court to be valid, the lessees would have been permitted to make the payments within a reasonable time thereafter. Jicarella Apache Tribe v. Andrus, 687 F.2d 1324 , 1342 (10th Cir. 1982).” 237 Kan. at 193 .”
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.