39 Ala. App. 80 - Whiting v. Dodd’s Empirical Analysis
1957
Citation profile
14 state decisions
How this case has been cited
Cited by 18 later decisions — most recently November 2007
14 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 United States v. Behan · 151 Ohio St. 522 - Allen, Heaton & McDonald, Inc. v. Castle Farm Amusement Co. · Worthington & Co. v. Gwin · Walton School of Commerce v. Stroud · Dickerson v. Finley
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“" 'When a plaintiff sues on a contract to recover the amount he would have received for the full performance prevented by the defendant's breach, he seeks in effect to recover as damages the profit from performance of the contract which profit defendant's breach prevented him from earning. In such a case, plaintiff has the burden of alleging and proving not only (a) what he would have received from the performance so prevented, but also (b) what such performance would have cost him (or the value to him of relief therefrom). Unless he proves both of those facts, he cannot recover as damages the profits he would have earned from full performance of the contract. ' " 1”
3 later decisions quote this exact passage“must [take] into consideration in calculating the loss to the plaintiff that which he has saved by reason of not having to perform.”
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.