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← 58 N.M. 53 - Sellers v. Orona

Sellers v. Orona’s Empirical Analysis

1954

Citation profile

2
cited by 2 later decisions
1
states following
March 1973
most recently cited

2 state decisions

Relationships

Relies on Czarnikow-Rionda Co. v. Federal Sugar Refining Co. · Campfield v. Sauer · Adams v. Cox · Paragould v. Arkansas Light & Power 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““ * * The contract in question was an executory one for the sale and purchase of a going business and covered both real estate and personal property. In the absence of circumstances warranting recovery of ascertainable special damages, the ‘loss of bargain’ rule applies as the measure of damages for refusal of vendor to convey under an executory contract for the sale of real estate. The rule is stated by the author of the case note on the subject in 48 A. L.R. 12(14) as follows: ‘The general rule for assessing the damage for breach by the seller under an executory contract for the sale of personal property, by failing to deliver the property, is to allow the buyer the difference, if any, between the contract price and the market value of the property, either at the time of the breach, or at the time fixed for the delivery of the property. 24 R.C.L. 70. * * * ’ ” (Emphasis added.)”
    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.