Preyer v. Parker’s Empirical Analysis
1962
Citation profile
29 state decisions
How this case has been cited
Cited by 33 later decisions — most recently October 2020 · most notably Kessing v. National Mortgage Corporation (1971), Henderson v. SECURITY MORTAGAGE AND FINANCE CO. (1968)
29 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 Commercial National Bank of Charlotte v. Charlotte Supply Co. · Kirby v. United States · Rouse v. Jones · Doster v. . English
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The phrase “liquidated damages” means a sum stipulated and agreed upon by the parties, at the time of entering into a contract, as being payable as compensation for injuries in the event of a breach. . •X- * # -X- * * . A penalty is an agreement to pay a stipulated sum on breach of contract, irrespective of the damage sustained. ... A provision for payment of a specified sum as compensation for acts contemplated by the contract, as opposed to compensation for injury resulting from breach of the contract, is neither a penalty nor liquidated damages [pp. 297-299],”
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.