Cochran v. Grebe’s Empirical Analysis

Citation profile

2 federal appellate · 7 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““O’Fallon [v. Kennerly, 45 Mo. 124 (1869) ] recognizes the rule that notwithstanding a default in payment upon the day specified and despite an express stipulation for forfeiture, equity may nevertheless decree specific performance of a contract for sale of land in order to prevent consequent unfairness to the vendee. This rule can be justified on the ground that a contract for deed is a form of security device similar in purpose to a mortgage or deed of trust. Just as redemption is permitted to a mortgagee, so also a parallel right of ‘equitable redemption’ should be extended to a vendee under a contract to purchase. Annot., ‘Specific Performance of Land Contract Notwithstanding Failure of Vendee to Make Required Payments on ■ Time,’ 55 A.L.R.3d 1 , l.c. 16; H & L Land Company v. Warner, 258 So.2d 293 (Fla.App. 1972). But just as the debtor under a deed of trust must tender full payment of the total amount due in order to accomplish statutory redemption (Section 443.410, RSMo 1969), so also the vendee under a contract for deed must make a similar tender of the full purchase amount in order to be entitled to specific performance. O’Fallon v. Kennerly, supra at 129. Defendants made no such tender here and consequently have not brought themselves within the doctrine of O’Fallon upon which they rely.” Cochran v. Grebe, 578 S.W.2d 351, 353 (Mo.App.1979).”

   1 later decision quote this exact passage
   e.g. Fugate v. Rice