Royer v. Carter’s Empirical Analysis
1951
Citation profile
110 state decisions
How this case has been cited
Cited by 113 later decisions — most recently September 2017 · most notably 41 Cal. 2d 587 - Coughlin v. Blair (1953), 125 Cal. App. 2d 578 - Basin Oil Co. v. Baash-Ross Tool Co. (1954)
110 state decisions — followed in 10 states
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 20 Cal. 2d 457 - Blank v. Coffin · Bagdasarian v. Gragnon · 37 Cal. 2d 16 - Freedman v. Rector, Wardens & Vestrymen of St. Matthias Parish · 30 Cal. 2d 605 - Huth v. Katz · Baffa v. Johnson
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 113 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The detriment caused by the breach of an agreement to purchase an estate in real property, is deemed to be the excess, if any, of the amount which would have been due to the seller, under the contract, over the value of the property to him.”
3 later decisions quote this exact passage“When, as under section 3307, the measure of damages is designed to assure to the vendor the benefit of his bargain, additional damages should not be allowed for expenses that would have been incurred had the contract been performed. To do so would place the vendor in a better position than he would have been in had there been no breach. Civil Code, § 3358. Thus, plaintiff would have paid the expenses from the proceeds of the sale had the contract been performed. If she is given the equivalent of the proceeds of the sale under section 3307 she is not also entitled to expenses that she would have incurred in any event. In many cases, however, the vendee’s breach may make it necessary for the vendor to incur additional expenses to realize the benefit of his bargain. Given the rule that the value of the property to the seller under section 3307 is ordinarily the market value at the time of the breach, Employees’ Participating Ass’n v. Pine, 91 Cal.App.2d 299, 301 , 204 P.2d 965 , and cases cited, injustice could result if the vendor were not allowed to recover damages for additional expenses caused him by the vendee’s breach. Thus in a case where the property is sold at the market value and that value remains constant until after the breach, and the property is then resold at the same price, the vendor could recover no damages under section 3307. He would be forced to pay, however, in addition to the expenses of the first sale, the expenses of the resale. When such additional exp”
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.