Jackson Brewing Company v. Herpel’s Empirical Analysis

Citation profile

1 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... a contract between two or more parties, and is either executory or executed. An executory contract is one in which a party binds himself to do or not to do, a particular thing; ... A contract executed, as well as one which is executory contains obligation binding on the parties.”

   3 later decisions quote this exact passage · from the majority
   e.g. Howard Trucking Co., Inc. v. Stassi · Dolphin Titan International, Inc. v. Gray & Co. (In Re Dolphin Titan International, Inc.)

2. “Section 116(1) of Chapter X of the Federal Bankruptcy Act, Title XI, U.S. Code, Section 516 provides that the reorganization judge may in addition to other powers and duties, permit the rejection of executory contracts. Collier in his treatise has defined and expanded upon the meaning of the term “executory contract” as said term is used in the Bankruptcy Act: “Unfortunately, however, the term ‘ex-ecutory’ as applied to contracts is ambiguous. ‘All contracts to a greater or less extent are executory. When they cease to be so, they cease to be contracts.’ All that the term implies is that the contract is not completely ‘executed, ’ that something remains to be done. “ ‘Contracts are executed or executory. A contract is executed where everything that has to be done is done, and nothing remains to be done ... An executory contract is one where it is stipulated by agreement of minds, upon a sufficient consideration, that something is to be done or not to be done by one or both the parties ... ’ ” Yol. 6, Collier on Bankruptcy, Section 2.11 at pp. 331-332. The United States Court of Appeals for the Fifth Circuit has construed the term “executory contract” in connection with Chapter XI of the Bankruptcy Act consistent with the definition set out in Colliers (the term “Executory Contract” as used in Chapter XI is identical, and thus should be applied and construed in the same manner in a Chapter X proceeding).”

   1 later decision quote this exact passage · from the majority
   e.g. Monroe Tire Service, Inc. v. Wall Tire Distributors (In Re Wall Tire Distributors, Inc.)`