Dahl v. Comber’s Empirical Analysis

Citation profile

3 state decisions

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

1. “While the Law Court owes no deference to the Superior Court's legal conclusions, see id., we approve of that construction as comporting with both the whole language of the lease and with what would be the rational intent of both parties at the time of contracting. It was in the interest of them both that the landlord mitigate damages after the tenant's default, rather than allow the building to stand idle and hold the tenant liable for the full amount of the rent due under the lease, as Maine law permits a landlord to do.... We agree with the conclusion, implicitly embraced by the Superior Court, that the parties sought to encourage mitigation of damages by Dahl, by contracting that upon the tenant's default Dahl at his opinion was free to relet without disturbing the tenant's underlying obligation for rent. [ Id. at 395 .]”

   1 later decision quote this exact passage
   e.g. 192 N.J. Super. 536 - Carisi v. Wax

2. “... In subsequently reletting parts of the building to other tenants ... during the term of the unexpired lease [landlord] ... effectively accepted surrender of the leasehold.”

   1 later decision quote this exact passage
   e.g. 192 N.J. Super. 536 - Carisi v. Wax