Norrington v. Wright’s Empirical Analysis

Citation profile

203 federal appellate · 19 district · 155 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 438 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““When the subject-matter of a sale is not in existence, or not ascertained at the time of the contract, an undertaking that it shall, when existing or ascertained, possess certain qualities, is not a mere warranty, but .a condition, the performance of .which is precedent to any obligation, upon the vendee under the contract; because the existence of those qualities being part of the description of the thing sold becomes essential to its identity, and the vendee cannot be obliged to receive and pay for a thing different from that for which he contracted. * * * ‘A statement’ in a mercantile contract 'descriptive of the subject-matter or of some material incident, such as the time or place of shipment, is ordinarily to be regarded as a warranty in the sense in which that term is used in insurance and maritime law, that is to say, a condition precedent upon the failure or non-performance of which the party aggrieved may repudiate the whole contract.’ ””

   8 later decisions quote this exact passage
   e.g. Central Appalachian Co. v. Buchanan · Hull Coal & Coke Co. v. Empire Coal & Coke Co.

2. ““It does not appear to me to be a question for your Lordships, or for any court, to consider whether that is a contract which bears upon the face of it some reason, some explanation why it was made in that form, and why the stipulation is made that the shipment should be during these particular months. It is a mercantile contract, and merchants are not in the habit of placing upon theip contracts stipulations to which they do not attach some value and importance.” 2 App. Cas. 463. “If it be admitted that' the literal meaning would-imply that the whole quantity must be put on board during a specified time, it is no answer to that literal meaning, it is no observation which can dispose of, or get rid of, or displace, that literal meaning, to say that it puts an additional burden ofi the seller, without a corresponding benefit to'the purchaser; that is a matter of which the seller and the purchaser are the best judges. Nor is it any reason for saying that it would be a means by which purchasers without any real cause would frequently obtain an excuse for rejecting contracts when prices had dropped. The nonfulfillment of any term in any contract is a means by which a purchaser is able to get rid of the contract when prices have dropped; but that is no reason why a term which is found in a contract should not he fulfilled.””

   2 later decisions quote this exact passage · from the majority
   e.g. Burrows & Kenyon, Inc. v. Warren · Rice Growers Ass'n v. F. Carrera & HNO., Inc.

3. ““If the description of the article tendered is different in any respect, it is not the article bargained for, and the other party is not bound to take it. I think in this case what the parties bargained for was rice, shipped at Madras or the coast of Madras. Equally good rice might have been shipped a little to the north or a little to the south of the coast of Madras. I do not quite know what the boundary is, and probably equally good rice might have been shipped in February as was shipped in March, or equally good rice might have been shipped in May as was shipped in April, and I dare say equally good rice might have been put on board another ship as that which was put on board the Rajah of Cochin. But the parties have chosen, for reasons best known to themselves, to say: We bargain to take rice, shipped in this particular region, at that particular time, on board that particular ship; and before the defendants can be compelled to take anything in fulfilment of that contract it must be shown not merely that it is equally good, but that it is the same article as they have bargained for — otherwise, they'are not bound to take it.””

   2 later decisions quote this exact passage · from the majority
   e.g. El Dorado Oil Works Co. v. Société Commerciale de L'Oceanie · Woldert Grocery Co. v. Pillman