Walker v. Graham’s Empirical Analysis

Citation profile

2 federal appellate · 1 district · 11 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'(1) An agreement, made in advance of breach, fixing the damages therefor, is not enforceable as a contract and does not affect the damages recoverable for the breach, unless”

   2 later decisions quote this exact passage
   e.g. Jessen v. Jessen · G.C.I., Inc. v. Haught

2. “" Generally speaking, it may be said that when the damages arising from the breach of the contract which the obligation is given to secure are uncertain in their nature and not readily susceptible of proof by the ordinary rules of evidence, and are not so disproportionate to the probable damages suffered as to appear unconscionable, and it is reasonably clear from the whole agreement that it is the intention of the parties to provide for liquidated damages and not a penalty, such a stipulation will be held to be one for liquidated damages.'" In Ray v. Electrical Products Consolidated, Wyo., 390 P.2d 607, 608 (1964), we adopted that said in Restatement, Contracts, § 339, p. 552 (1932): "'(1) An agreement, made in advance of breach, fixing the damages therefor, is not enforceable as a contract and does not affect the damages recoverable for the breach, unless "'(a) the amount so fixed is a reasonable forecast of just compensation for the harm that is caused by the breach, and "'(b) the harm that is caused by the breach is one that is incapable or very difficult of accurate estimation."”

   1 later decision quote this exact passage
   e.g. G.C.I., Inc. v. Haught

3. “It is now well established in law and in equity that forfeitures are not favored. Before one can declare a forfeiture it must appear that he has a clear right and then too he himself must be free from blame_ Every reasonable presumption is against a forfeiture and every intendment and presumption is against a person seeking to enforce it. (citation omitted). ‘Provisions for forfeiture may be waived and courts are quick to take advantage of circumstances indicating such an intention.’ (citation omitted). And, ‘So where the time fixed by the contract for performance is permitted to pass, both parties concurring, the time of performance thereafter becomes indefinite, and one party cannot rescind until full notice and a reasonable time for performance is given.’ (citation omitted). In line with ... other courts, this court has taken the opportunity to say that, ‘Forfeitures are not favored and ... slight evidence of the lessor’s intention to relinquish his right is sufficient to warrant the finding of waiver.’ (citation omitted).”

   1 later decision quote this exact passage
   e.g. Beverly Plaza Associates v. Saul (In Re Kroh Bros. Development Co.)