74 Wash. 2d 41 - Jenson v. Richens’s Empirical Analysis
1968
Citation profile
21 state decisions
How this case has been cited
Cited by 24 later decisions — most recently July 2004
21 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 Asia Investment Co. v. Levin · 39 Wash. 2d 321 - Management, Inc. v. Schassberger · 58 Wash. 2d 180 - White & Bollard, Inc. v. Goodenow · 63 Wash. 2d 360 - Underwood v. Sterner · Cobb v. Willrett
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[ujnless it be demonstrated that provisions for liquidated damages are actually a penalty or are under the circumstances otherwise unlawful . . .”
4 later decisions quote this exact passage“Where the performance of one promise is a condition precedent to a right of action on the promise of another, the first promissor must plead and prove the performance or tender of performance of his promise in order to maintain an action for the breach of the other’s promise. [Citations omitted.] This is but a natural corollary to the rule that one contracting party is not required by law to do a useless act and tender performance where the other contracting party cannot or will not perform his part of the agreement.”
1 later decision quote this exact passage“Although the plaintiffs did not assert a claim to the forfeited earnest money, but instead sought to recover damages based upon an asserted difference in values between the sale price and the alleged decline in market value at the time of purchasers’ withdrawal from the deal, we think that the trial court properly found that any remedy plaintiffs might have would be limited to a forfeiture of the liquidated damages as prescribed in the contract.”
1 later decision quote this exact passagee.g. Burress v. Richens
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.