Elder v. Epperson’s Empirical Analysis

Citation profile

2 district · 9 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We find that the demand for payment was obviated by the fact that on the day the rent was payable lessee filed a petition in bankruptcy and through her attorney notified the lessor that the rent would not be paid. The lease provided that in case of default in payment of rent in thirty days the lessor could declare the lease at an end and take possession of the property at once. That provision of the lease gave the lessor the right to terminate it upon the lessee’s failure to pay the rent. The agreement of the parties operated to end the term upon non-payment of rent without the ceremony preceeding re-entry and forfeiture.”

   1 later decision quote this exact passage · from the majority
   e.g. Old Farm Bakery, Inc. v. Maxwell Associates

2. “This insistence overlooks the fact that the common law necessity for a demand of rent may be obviated by a provision in the lease or by the acts of the parties. We find that the demand for payment was obviated by the fact that on the day the rent was payable lessee filed a petition in bankruptcy and through her attorney notified the lessor that the rent would not be paid.”

   1 later decision quote this exact passage · from the majority
   e.g. Audubon Commercial Area Co. v. Skelly Oil Co.