Hale v. Finch’s Empirical Analysis

Citation profile

10 federal appellate · 4 district · 19 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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There is. in terms, a covenant by Hale to Finch to defend the title to the boat and its machinery against all persons whomsoever. This is immediately followed by language implying an agreement that the sale was upon the express condition that neither the boat nor its machinery should be used within a prescribed time upon certain waters. It is the case of a bare, naked condition, unaccompanied by words implying an agreement, engagement, or promise by the vendee that he would personally perform, or become personally responsible for its performance. The vendee took the property subject to the right which the law reserved to the vendor of recovering it upon breach of the condition specified. The vendee was willing, as the words in their nátural and ordinary sense indicate, to risk the loss of the steamboat when such breach occurred, but not to incur the personal liability which would attach to a covenant or agreement upon his part, that he would not use, and should not permit others to use, the boat or its machinery upon the waters, and within the period named. If this be not so, then every condition in a deed or other instrument, however bald that instrument might be of language implying an agreement, could be turned, by mere construction and against the apparent intention of the parties, into a covenant involving personal responsibility. The vendor having expressly, and the vendee impliedly, agreed that the sale was upon an express condition — stated in such form as to preclud”

   2 later decisions quote this exact passage · from the majority
   e.g. Amalgamated Gum Co. v. Casein Co. of America · Mickleson v. Gypsy Oil Co.

2. “‘‘On the 18th day of February, 1867, the Oregon Steamship Company sold the New World to Henry Windsor, Clamiek Crosby, Jr., and, Calvin H. Hale, executing to Windsor a bill of sale which stated the consideration to be $75,000. This instrument contained the following provisions: ‘That I, the said Calvin H. Hale, do by these presents covenant and agree for myself, my •heirs, executors and administrators, to and with the said Duncan B. Finch, his heirs, executors, administrators, and assigns, to warrant and defend the whole of said steamboat, New World, her engines, boilers, machinery and all the other before mentioned appurtenances, against all and every persons whomsoever; and it is understood and agreed that this sale is upon the express condition that said steamboat or vessel is not within 10 years from the first day of May, 1867, to' be run upon any of the routes of travel on the rivers, bays or waters of the state of California, or the Columbia river or its tributaries, and during the whole period last aforesaid the machinery of said steamboat shall not be run or be employed in running any steamboat or vessel or craft upon any of the routes of travel on the rivers, bays or waters of the state of California or Columbia river or its tributaries.””

   2 later decisions quote this exact passage · from the majority
   e.g. Amalgamated Gum Co. v. Casein Co. of America · Mickleson v. Gypsy Oil Co.

3. ““And there needs not'in this case formal and orderly words, as covenant, promise, and the like, to make a covenant on which to ground an action of covenant; for a covenant may be had by any other words; and upon any part of an agreement in writing, in what words soever it be set down, for anything to he or not to be done, the party to or with whom the promise or agreement is made may have his action upon the breach of the agreement.””

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Oregon & C. R.