403 So. 2d 165 - Perdue v. Gates’s Empirical Analysis
1981
Citation profile
23 state decisions
How this case has been cited
Cited by 23 later decisions — most recently August 2018
23 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 Griffin Lumber Co. v. Harper · Handley v. Shaffer · Quinn v. Southwest Wood Products, Inc. · Great Atl. & Pac. Tea Co., Inc. v. Sealy · 214 So. 2d 685 - Ex Parte Acton
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"[The] defendants' motion[s] [for a J.N.O.V. or, in the alternative, a new trial] [were] denied not by affirmative act of the trial judge, but by operation of Rule 59.1, A.R.[Civ.]P., which provides that a post-trial motion [cannot be pending more than 90 days and is deemed denied at the end of the 90th day]. The parties here argue whether such a denial of a JNOV and new trial carries the usual effect of strengthening the presumption in favor of a jury verdict. See, e.g., Walker v. Cardwell , 348 So.2d 1049 (Ala. 1977). If such is not the *Page 687 case, the purpose of Rule 59.1 will be undercut, in that denial of post-trial motions by operation of law will probably receive less respect than other final judgments. On the other hand, the rationale for strengthening the presumption of correctness is that the trial judge, who has observed the proceedings, issues an order that the jury verdict is indeed not contrary to the great weight of the evidence and the law; we have no such affirmative statement here."”
1 later decision quote this exact passage“"`A broker who procures a prospect who is ready, willing and able to buy under the terms of the contract during the existence of the contract, is entitled to his commission, although the sale may not have been concluded during the term of the contract. However, the seller is not bound forever by the contract. And unless the broker has procured a purchaser who is ready, willing and able to buy under the terms of the contract and during the existence of the contract, or unless the sellers were guilty of bad faith or guilty of fraud in their subsequent negotiations with the broker's prospect, the broker would not be able to recover.'"”
1 later decision quote this exact passage“Motion for Judgment Notwithstanding the Verdict.”
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.