Filley v. Pope’s Empirical Analysis

Citation profile

64 federal appellate · 3 district · 28 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 124 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In a mercantile contract, a statement 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, or condition precedent, upon the failure or nonperformance of which the party aggrieved may repudiate the whole contract. “Under a contract for the sale of tons No. 1 Shott’-s ('Scotch) pig iron, at $26 per ton cash in bond at New Orleans; shipment from Glasgow as soon as possible; delivery and sale subject to ocean risks;’ shipment from Glasgow is a material part of the contract, and the buyer may refuse to accept such iron shipped as soon as possible from Leith, and arriving at New Orleans earlier than it would have arrived by the first ship that could have been obtained from Glasgow. “The court instructed the jury that the provision of the contract that the iron was to be shipped from Glasgow was not a material provision of the contract, -so far as this controversy was concerned; that the purpose of the contract was the sale by the plaintiffs to the defendant of a certain quantity of iron, to be delivered in a certain time at a certain place, and the fact that it was shipped from Leith instead of Glasgow was not material to the rights 'of the parties in this case, if the other provisions of the contract were complied with; and that if the jury found that it was nnr possible for the plaintiffs to obtain a vessel from Glasgow and that it was practicable to .obtain, one from Leith, and that s”

   1 later decision quote this exact passage
   e.g. Fulton Bag & Cotton Mills v. Liberty Cotton Oil Co.

2. ““Immediately after making this contract, the plaintiffs, by telegraph, bought the iron of John Anderson of Glasgow, and requested him to ship it to New Orleans. The iron was then at the works of the Shott’s Iron Company in Scotland, equidistant and equally accessible by railway from the ports of Glasgow on the west coast and of Reith on the east coast; and such iron was sometimes shipped from Glasgow and sometimes from Leith. Anderson - at once made diligent inquiry and efforts to secure transportation from Glasgow, and from Leith, and from other Scotch ports, to New Orleans, but, owing to the great scarcity of ships at that time, could only secure one vessel, the barque Alpha, which was then discharging her cargo at Leith. This vessel he chartered on February 23, 1880, three days after the contract in question was made at St. Louis. No vessel or transportation could be obtained from Glasgow to New Orleans then or for weeks afterwards. The iron was sent down from the works of the Shott’s Iron Company to Leith as fast as the barque could receive it. With all speed she discharged her cargo, took in the iron, and sailed from Leith for New Orleans, where she arrived about May 26th. The distance by sea was greater from Leith to New Orleans than from Glasgow to New Orleans. If the Alpha had come round to Glasgow and shipped the iron there, it would have taken from 6 to 26 days, according to the winds, and she would have had to take in ballast at Leith and discharge it at Glasgow.””

   1 later decision quote this exact passage
   e.g. Lodwick Lumber Co. v. E. A. Butt Lumber Co.

3. ““In a mercantile contract, a statement descriptive of the subject-matter or some material incident, such’as tbe time or place of shipment, is ordinarily to be regarded as a warranty or condition precedent, upon tbe nonperformance of whichitbe party aggrieved may repudiate tbe whole contract.””

   1 later decision quote this exact passage
   e.g. Hull Coal & Coke Co. v. Empire Coal & Coke Co.