407 So. 2d 305 - Walker v. Benton’s Empirical Analysis
1981
Citation profile
11 state decisions
How this case has been cited
Cited by 14 later decisions — most recently November 2009
11 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 Hernandez v. Leiva · 183 So. 2d 725 - 330 Michigan Avenue, Inc. v. Cambridge Hotel, Inc. · White v. State Farm Mutual Automobile Insurance · 109 So. 2d 394 - Salinas v. Rieck & Fleece Builders Supplies, Inc.
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[d]amages awarded in specific performance are a way of compensation to adjust the equities between the parties to place them in a position that they would have occupied had the contract been timely performed.... `The court is really requiring an accounting in its attempt to adjust the equities between both parties in order to return them to their relative position at the time of closing.'”
2 later decisions quote this exact passage“The general rule, where specific performance is granted of a contract to sell realty, is that the vendor must account to the purchaser for any deprivation of the use of the property from the date when possession should have been transferred, and for any detriment to the property caused by his failure to preserve it properly; as against which the vendor is entitled to credit for any expenses properly incurred by him for improvement or preservation of the property, and for any loss of the use of the purchase money or other consideration from that date.... Obviously, in some instances the purchaser would elect not to seek `rents and profits' since the interest on the purchase price would exceed the value of the `rents and profits'.”
1 later decision quote this exact passage“`damages' awarded incident to a decree of specific performance are clearly different from those which would be awarded for breach of the contract.”
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.