Kauffman v. Raeder’s Empirical Analysis
108 F. 171 · 1901
Citation profile
25 federal appellate · 8 district · 8 state decisions
How this case has been cited
Cited by 48 later decisions (2 by the Supreme Court) — most recently May 1979 · most notably United States Fidelity & Guaranty Co. v. Board of Com'rs of Woodson County (1906), Pasquel v. Owen (1950)
25 federal appellate · 8 district · 8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Norrington v. Wright · Waterman v. Banks · New Orleans Water Works Co. v. Rivers · Swain v. Seamens · The President Directors and Company of the Bank of Columbia v. Peter Hagner
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The situation of the parties when the contract was made, its subject-matter, and the purpose of its execution are material to determine the intention of the parties, and the meaning of the terms they used, and that, when these are ascertained, they must prevail over the dry words of the stipulations.””
2 later decisions quote this exact passage · from the majority““Where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other; but when they go only to a part where a breach may be paid for in damages, there the defendant. has a remedy on his covenant and shall not plead it as a condition precedent.” Boone v. Eyre, 1 H. Bl. 273; Kauffman v. Raeder, 108 Fed. 171 , 47 C. C. A. 278 , 54 L. R. A. 247 .”
1 later decision quote this exact passage · from the majority““Tile situation of the parties when a contract is made, its subject-matter, and the purpose of its execution, are always material to determine the intention of the parties and the meaning of the terms they used, and when these are ascertained they must prevail over the dry words of the agreement.””
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.