Green v. Hemmert’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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The contract found by the trial court to be in effect between the parties contains alternative remedies upon breach of the buyer’s duty to pay. The [vendors] had the right either to treat the contract as abrogated, so that they had no obligation to convey the property, or to declare the unpaid balance of the purchase price to be due and payable and to bring a civil action to enforce payment thereof. The contract specifically provides that any rights given to the [vendors] in the event of breach are not to be construed to deprive them of any other rights, powers, or remedies they might otherwise have. “Where an installment land sales contract provides alternative remedies of termination or foreclosure, Alabama law allows the vendor an election of remedies between the two. They are said to be ‘alternative and inconsistent rights secured by the contract,’ Rogers v. Gonzalez, 252 Ala. 313, 315 , 40 So.2d 858, 860 (1949), and the [vendors’] exercise of their alternative right to resume possession of the land and to terminate the contract in light of [the purchaser’s breach of his covenant to pay monthly rentals is settled. See, e.g., Nelson v. Sanders, 123 Ala. 615, 620-21 , 26 So. 518 , 520 (1899); Davis v. Folmar, 203 Ala. 336 , 83 So. 60 (1919); Blocker v. Lowry, 285 Ala. 448 , 233 So.2d 233 (1970).””

   1 later decision quote this exact passage
   e.g. 752 So. 2d 1220 - Rogers v. Triple S Ventures, Inc.