255 F. Supp. 302 - Cohen v. Lovitz’s Empirical Analysis
1966
Citation profile
2 federal appellate · 5 state decisions
How this case has been cited
Cited by 9 later decisions — most recently December 1990
2 federal appellate · 5 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
Applies 15 U.S.C. § 15 (§ 4 of the Clayton Antitrust Act of 1914)
Relies on Farmer v. Arabian American Oil Co. · Quick v. Pointer · Reinink v. Van Loozenoord · Nagle v. Newton · Butler v. Schilletter
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The problem is whether a vendee may recover damages for delay in addition to being awarded specific performance, if the vendor declines to convey the property; and, if so, what is the measure of damages for the delay. This subject is of novel impression in this jurisdiction. * * * * * * The first question to be determined is whether the vendee is entitled both to specific performance and damages for delay, if the vendor refuses to convey the property in breach of the agreement, or whether the vendee in such an event is limited to receiving either specific performance or damages but may not have both. The overwhelming weight of authority is to the effect that the disappointed vendee under such circumstances may be awarded damages for delay in addition to being granted specific performance. . In the United States most of the jurisdictions that have passed on this point hold that if the vendor refuses to convey the property, the vendee is entitled to recover damages for delay in addition to receiving specific performance. [Id. at 303-04.]”
1 later decision quote this exact passage · from the majority““No reason appears discernible for applying a different principle where damages are sought in addition to specific performance than where action is brought solely to recover damages.””
1 later decision quote this exact passage · from the majoritye.g. Wolf v. Cohen“a danger of speculative or problematical claims,”
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.