Wheeler v. Wheeler’s Empirical Analysis
1980
Citation profile
2 district · 35 state decisions
How this case has been cited
Cited by 43 later decisions — most recently November 2022 · most notably Brenner v. Little Red School House, Ltd. (1981), 70 N.C. App. 498 - Marcoin, Inc. v. McDaniel (1984)
2 district · 35 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 Lane v. Scarborough · Rose v. Vulcan Materials Company · Brunswick Corp. v. Vineberg · Matthieu v. Piedmont Natural Gas Company · Stanley v. Cox
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) The waiving party is the innocent, or nonbreaching party, and (2) The breach does not involve total repudiation of the contract so that the nonbreaching party continues to receive some of the bargained-for consideration. . . . and (3) The innocent party is aware of the breach, and (4) The innocent party intentionally waives his right to excuse or repudiate his own performance by continuing to perform or accept the partial performance of the breaching party.”
1 later decision quote this exact passage“The presumption is that a party's intentional election to continue performing or receiving performance after knowledge of a breach is an indication that he does not consider the contract totally repudiated and in fact probably still receives considerable benefit under it.”
1 later decision quote this exact passage“[CJontinued acceptance of performance by an innocent party after partial breach of contract .... constitutes a valid waiver of a contractual provision....”
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.