Hurd v. Nelson’s Empirical Analysis
1986
Citation profile
1 district · 13 state decisions
How this case has been cited
Cited by 16 later decisions — most recently July 2022
1 district · 13 state decisions
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 256 Cal. App. 2d 506 - Patent Scaffolding Co. v. William Simpson Construction Co. · City of Salinas v. Souza & McCue Construction Co. · United Protective Workers v. Ford Motor Co. · Amos v. Stroud · Grover v. Ratliff
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.
“Courts have inherent power to enforce their own judgments and should see to it that such judgments are enforced when they are called upon to do so. To deprive a court of power to execute its judgments is to impair its jurisdiction, and the general rule is that every court having jurisdiction to render a particular judgment has inherent power and authority to enforce it and to exercise equitable control over such enforcement. Thus, a court of equity has inherent power to enforce its decrees. A court of equity retains and possesses the power to control the manner of the execution of its decree, and has the inherent right to modify, by a subsequent order, the manner in which it shall be enforced.”
5 later decisions quote this exact passage“because of the inapplicability of the deterrence factor in such cases and the countervailing principle that “no one should profit more from the breach of an obligation than from its full performance.” Standard principles of contract damages reinforce the notion that the common-law collateral source rule should not apply in breach of contract actions. Typically, the nonbreaching party’s recovery is limited to “the loss he has actually suffered by reason of the breach.” “The measure of damages for the breach of a contract is the amount which would have been received if the contract had been performed.” Thus, damages in the breach of contract setting are intended to be compensatory only, not punitive in nature. Application of the common-law collateral source rule in contract actions would contravene this principle by awarding the nonbreaching party more damages than necessary to compensate it for the breach.”
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.