Rogers v. Dockstader’s Empirical Analysis

Citation profile

2 federal appellate · 10 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In Weiner v. Baldwin, 9 Kan. App. 772 , 59 Pac. 40 , an instruction that the agreement to surrender a lease need not be in writing was approved. “ ‘A surrender, as the term is used in the law of landlord and tenant, is the yielding up of the estate to the landlord, so that the leasehold interest becomes extinct by mutual agreement between the parties. The rescission of a lease, when by express words, is called an express surrender or a surrender in fact; and when by acts so irreconcilable to a continuance of the tenure as to imply the same thing it is called a surrender by operation of law. . . . While the definitions of what constitutes a surrender by operation of law differ somewhat in the language used, the rule may safely be said to be that a surrender is created by operation of law when the parties to a lease do some act so inconsistent with the subsisting relation of landlord and tenant as to imply that they have both agreed to consider the surrender as made.’ ” (Emphasis supplied.)”

   1 later decision quote this exact passage · from the majority
   e.g. Davis v. Odell

2. ““In Engstrom v. Tyler, 46 Kan. 317 , 26 Pac. 735 , it was held to be a good defense to an action for rent that during the term of the lease the landlord entered and took possession and leased to various parties and collected and retained the rent.” (p. 193.)”

   1 later decision quote this exact passage · from the majority
   e.g. Guy v. Gould