311 Pa. Super. 495 - Millstein v. Millstein’s Empirical Analysis

Citation profile

67 state decisions

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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A holding to the contrary would serve to illegitimize future separation agreements and encourage a party to promise anything to obtain a divorce, knowing he will never be bound by it even when the promise is in writing and for valid consideration. Needless to say, such a holding would also serve to shake the very foundation of contract law and the sanctity of a bargain made between parties dealing at arm’s length.” Id. at 643-44 , 435 A.2d at 863 (quoting Brown v. Hall, 27 Cumb. L.J. 340, 349-50 (1977)).”

   2 later decisions quote this exact passage
   e.g. Wentzel v. Wentzel · 352 Pa. Super. 572 - Wertz v. Anderson

2. “We are especially persuaded to this conclusion by Brown v. Hall, supra, where, as we have discussed, the Supreme Court consolidated a support action with an action upon a private agreement, and, having held the agreement enforceable, vacated the order entered in the support action. The course that litigation follows will depend upon choices made by the parties. It may happen that the party who has been promised support in a separation agreement may bring an action for specific enforcement of the agreement. Brown v. Hall, supra; Guerin v. Guerin, supra; Commonwealth ex rel. Roviello v. Roviello, supra. But it may also happen that the party obligated to pay the support will take the initiative by filing a petition to reduce and remit arrearages. Nothing should turn on which party acts first. The party obligated by the separation agreement to pay support should not be permitted to avoid the principle established in Brown v. Hall, supra — in other words, should not be permitted to escape his support obligation as provided in the separation agreement — by beating the other party “to the punch,” and filing a petition to reduce and remit before the party owed support files an action for specific performance.”

   1 later decision quote this exact passage · from the majority
   e.g. 346 Pa. Super. 1 - Borrell v. Borrell

3. “This Agreement shall remain in full force and effect unless and until it is terminated either by mutual written consent of both parties, or to the extent it is appropriately terminated by the death of either party under the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. In the event that the marriage of the parties hereto is terminated by divorce, this Agreement shall nevertheless remain in full force and effect, and shall survive such decree and shall not in any way be affected thereby, except as provided for herein.”

   1 later decision quote this exact passage
   e.g. 391 Pa. Super. 537 - Lipschutz v. Lipschutz