521 So. 2d 226 - Sweeting v. Hammons’s Empirical Analysis
1988
Citation profile
7 state decisions
How this case has been cited
Cited by 7 later decisions — most recently September 2015
7 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 Searl v. School District No. 2 · Commercial Finance Co. v. Brooksville Hotel Co. · Searl v. School-Dist. No. 2 · McClintock & Irvine Co. v. Ætna Explosives Co. · Lindsay Bros. v. Curtis Publishing Co.
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Where the relationship of landlord-tenant exists, the presumption is in favor of the right of a tenant to remove structures or articles [the tenant] has placed on the leased property for [its] own purpose, even in the absence of an express stipulation. Nothing short of the clearest expression of an agreement by the parties to that effect can justify the extension of the grasp of the landlord so as to cover chattels, or personal property brought upon the premises by the tenant, in pursuance of the business for which the premises were leased. For in the absence of an express contract as to trade fixtures, there is an implied contract permitting the tenant to remove them at the proper time and in a proper manner.”
1 later decision quote this exact passage“Whether or not a chattel when attached to real estate becomes a fixture and thus part of the realty is a complex problem.”
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.