Poposkey v. Munkwitz’s Empirical Analysis
1887
Citation profile
42 state decisions
How this case has been cited
Cited by 42 later decisions — most recently June 1994 · most notably Guetzkow Bros. v. A. H. Andrews & Co. (1896), Gross v. Heckert (1904)
42 state decisions — followed in 11 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 Brown v. Chicago, Milwaukee & St. Paul Railway Co. · Chapman v. Kirby · Candee v. Western Union Telegraph Co. · Green v. Williams · Messer v. Oestreich
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““. . . In any case of a breach of contract the party injured should use reasonable diligence and make all reasonable effort to reduce to a minimum the damages resulting from such breach. The necessary expenses incurred by him in so doing may be recovered in an action for such breach. . . . Under this rule, when the plaintiff was informed that the defendant could not give him possession of the store as he had covenanted to do ... it became his duty to use all reasonable efforts to procure another suitable place in which to carry on his business, if the damages which otherwise would result from the breach of the defendant’s covenant would be thereby diminished.” Poposkey v. Munkwitz (1887), 68 Wis. 322, 331, 332 , 32 N. W. 35 .”
1 later decision quote this exact passage““It is conceded that if the plaintiff had not a business already built up and established in the same vicinity, which, with its good will, could have been transferred to the store No. 411 Broadway, there would be no basis upon which to estimate the prospective value of the business which the plaintiff would have done there, had he obtained possession and carried on the business therein.””
1 later decision quote this exact passagee.g. Kellogg v. Malick““. . . the rule of damages . . . will be the difference between the rent reserved in the lease and the actual rental value of the leased store for the purpose of carrying on such business therein. In such case the actual rental value would ordinarily be measured by the amount of rent the plaintiff would be compelled to pay for another store equally well adapted to his business.””
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.