Dolan v. Spencer’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Insured buildings, on land held under lease and option to purchase, burned. The question is: “Who gets the insurance- * * * “It is admitted that there is some conflict in the authorities. It is not claimed that the question has heretofore been before this Court. The general rule seems to be that under such facts as those now before us, the insurance stands in lieu of the burned property and goes to the purchaser. 27 R. C. L. p. 559, Sec. 298; Williams v. Lilley, 67 Conn. 50 , 34 Atl. Rep. 765 , L. R. A. 150. “Spencer insists that the interest of the parties must be determined as of the date of the fire; that at that time Dolan was a mere lessee, holding an unexercised option to buy; and on that theory authorities are cited to support the judgment. But at that date Dolan still had more than two and óne-half years in which to exercise his option. Had there been no insurance, he yet had a right to demand his deed. This he might well have done had the loss been small. If he still wishes to buy and Spencer may keep the insurance, she gets paid twice for the buildings, once by the insurance companies and once by Dolan, and the latter does not get what he bought. When the buildings burned and Spencer could not, therefore, keep her contract to sell, she still permitted that contract to stand, permitted Dolan to continue in possession under it and pay interest and taxes. But, most important of all, she permitted him to make a substantial payment on the $7,000 mortgage, which payment ”

   1 later decision quote this exact passage · from the majority
   e.g. Nelson Properties, Inc. v. Denham

2. ““Where insured buildings on land held under lease and option to purchase burned, insurance money stood in lieu of burned property, and went to purchaser. "Purchaser under lease and unexer-cised option to purchase held not mere lessee so as to preclude him from claiming insurance from burned buildings, where vendor permitted purchase contract to stand and permitted purchaser to make substantial payment on mortgage.””

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