Kromer v. . Heim’s Empirical Analysis

Citation profile

4 federal appellate · 1 district · 57 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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The doctrine which has sometimes been asserted, that mutual promises, which give a right of action, may operate and are good (55) as an accord and satisfaction of a prior obligation, must, in this State, be taken with the qualification that the intent was to accept the new promise as a satisfaction of the prior obligation. Where the performance of the new promise was the thing to be received in satisfaction, then, until performance, there is not complete accord, and the original obligation remains in force.”

   1 later decision quote this exact passage
   e.g. King v. Atlantic Coast Line Railroad

2. ““Every accord ought to be full, perfect, and complete; for, if divers things are to be performed by the accord, performance of part is not sufficient; or, if a thing is to be performed at day to come, tender of refusal is not sufficient without actual satisfaction and acceptance.””

   1 later decision quote this exact passage
   e.g. Frankfurt-Barnett Co. v. William Prym Co.

3. ““It is the ease of an accord partly executed. So far as the plaintiff accepted performance, his claim is extinguished. So far as it was unexecuted, the judgment remained in full force.””

   1 later decision quote this exact passage
   e.g. In re Freeman