245 Pa. Super. 388 - Pollock v. Morelli’s Empirical Analysis
1976
Citation profile
4 federal appellate · 36 state decisions
How this case has been cited
Cited by 56 later decisions — most recently March 2014 · most notably 318 Pa. Super. 90 - Delahanty v. First Pennsylvania Bank, N.A. (1984), Advent Systems Limited 90-1069 v. Unisys Corporation 90-1070 (1991)
4 federal appellate · 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 Ellington v. Blumstein · Exton Drive-In, Inc. v. Home Indemnity Co. · Reste Realty Corporation v. Cooper · James v. Haley · Western Show Co., Inc. v. Mix
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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... Evidence must be introduced which forms a sufficient basis for estimating with reasonable certainty the amount of the lost anticipated profits. Exton Drive-In, Inc. v. Home Indemnity Co., 436 Pa. 480 , 261 A.2d 319 (1969), cert. denied, 400 U.S. 819 , 91 S.Ct. 36 , 27 L.Ed.2d 46 (1970); Western Show Co. v. Mix, 308 Pa. 215 , 162 A. 667 (1932); Restatement of Contracts § 331 (1932). Whereas recovery for the lost profits of an established business are considered ascertainable to a reasonable degree of certainty, Guady v. Seaman, 188 Pa.Super. 475 , 149 A.2d 523 (1959), when a business is new and untried, courts have declared the measure of anticipated profits too speculative to provide a basis for an award of damages. Exton Drive-In, Inc. v. Home Indemnity Co., supra; Platou v. Swanton, 59 N.D. 466 , 230 N.W. 725 (1930). See also, Carpenters’ Local 1686 v. Wallis, 205 Okl. 285 , 237 P.2d 905 (1951); Richker v. Georgandis, 323 S.W.2d 90 (Tex.Civ.App. 1959).”
1 later decision quote this exact passage““The estimation of the anticipated increase was of necessity based only on the nine months of operation preceding the construction which allegedly marked the beginning of the decline of the business. The lower court found, and we agree, that the basis for the accountant’s projections and estimation of increasing profits is not established in the record. No foundation is laid for the assumption that the business would increase annually or that it would increase at the percentage the accountant estimated from the first few months of operation. Consequently, we cannot permit a recovery for lost profits.” Pollock, supra at 398 , 369 A.2d at 463 .”
1 later decision quote this exact passage“Recovery for breach of this covenant [for quiet enjoyment] has been allowed in Pennsylvania where a landlord has evicted the tenant by locking up the leased premises and denying the tenant access ..., and where the landlord so substantially altered some essential feature of the premises as to render the property unsuitable for the purpose for which it was leased.”
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.