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← 415 So. 2d 137 - Henry v. Ecker

415 So. 2d 137 - Henry v. Ecker’s Empirical Analysis

1982

Citation profile

25
cited by 25 later decisions
2
states following
September 2015
most recently cited

2 federal appellate · 15 state decisions

How this case has been cited

Cited by 25 later decisions — most recently September 2015 · most notably Ward v. Commissioner (1986), General Development Corporation Sipes (1996)

2 federal appellate · 15 state decisions

901982199020002010decided

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 Cilabot v. Winter Park Co. · Key v. Alexander · Southern Life Insurance & Trust Co. v. Cole · Cain & Bultman, Inc. v. Miss Sam, Inc. · 101 So. 2d 33 - Gassner v. Lockett

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

  1. “The “clean hands” maxim and the equitable principle for which it stands signify that a litigant may be denied affirmative equitable relief by a court of equity on the ground that his conduct has been inequitable, unfair, dishonest, fraudulent or deceitful as to the controversy in issue. This maxim refers to the acceptability, cleanliness and decency of the claim put forth and describes equity’s practice of refusing an equitable remedy to enforce a claim that is itself inequitable, unconscionable or tainted by fraud or misrepresentation. Disputes between parties at real estate closings such as in this case do not constitute the kinds of acts or conduct within the basic rationale and purpose of this equitable maxim and the maxim should not be invoked to deny an equitable remedy to one who seeks the enforcement of the legal right to compel a party to a contract to do that which was in the contemplation of the parties as expressed in their contract. Equity ought to require doing that which should have been done.”
    1 later decision quote this exact passage
  2. “Time is not of the essence in contracts for the sale and purchase of real estate unless the contract so provides. When a contract for the sale and purchase of land does not make time of the essence as it relates to closing, a party can breach that contract only by refusing to perform after demand that a closing take place at a reasonable time and place.”
    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.