King v. Moorehead’s Empirical Analysis
1973
Citation profile
2 federal appellate · 2 district · 61 state decisions
How this case has been cited
Cited by 67 later decisions — most recently July 2018 · most notably Commonwealth v. Monumental Properties, Inc. (1974), Pugh v. Holmes (1979)
2 federal appellate · 2 district · 61 state decisions — followed in 16 states
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 Ethel Javins v. First National Realty Corporation, Rudolph Saunders v. First National Realty Corporation, Stanley Gross v. First National Realty Corporation · Marini v. Ireland · Gittlemacker v. Prasse · 50 Ill. 2d 351 - Jack Spring, Inc. v. Little · 1 Cal. 3d 404 - People v. McGrew
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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“. .. [T]he tenant’s obligation for rent is dependent upon the landlord’s performance of . . . his implied warranty of habitability. Breach of this duty justifies retention of possession by the tenant and withholding of rent until habitability has been restored. A tenant who retains possession, however, shall be required to deposit the rent as it becomes due, in custo-dia legis pending the litigation. See and compare Javins v. First National Realty Company, 428 F.2d 1071 , 1083, n. 67 [14, 15] (D.C.Cir.1970); Cert. denied 400 U.S. 925 [ 91 S.Ct. 186 , 27 L.Ed.2d 185 ] (1970); Hinson v. Delis, 102 Cal.Rptr. 661, 666 [9], 26 Cal.App.3d, 62, 71 (1972).”
2 later decisions quote this exact passage““A constructive eviction arises when the lessor, by wrongful conduct or by the omission of a duty placed upon him in the lease, substantially interferes with the lessee’s beneficial enjoyment of the demised premises. Under this doctrine the tenant is allowed to abandon the lease and excuse himself from the obligations of rent because the landlord’s conduct, or omission, not only substantially breaches the implied covenant of quiet enjoyment but also ‘operates to impair the consideration for the lease’.” Id., 70 .”
1 later decision quote this exact passagee.g. Hurwitz v. Kohm“The Enforcement of Minimum Code Standards statute effectively 1) recognizes the minimum standards for occupancy of municipal housing codes as standards for the habitability of residential dwellings, 2) alters the common law no-repair rule by coercing repairs by the landlord or from his property to restore the tenant's occupancy to the minimum housing code standards for life, health and safety and 3) reads into every residential lease the minimum standards for occupancy of the applicable municipal housing codes.”
1 later decision quote this exact passagee.g. Labarbera v. Malec
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.