Pope v. Allis’s Empirical Analysis
115 U.S. 363 · 1885
Citation profile
96 federal appellate · 12 district · 83 state decisions
How this case has been cited
Cited by 220 later decisions (10 by the Supreme Court) — most recently February 2006 · most notably Delaware County Commissioners v. Diebold Safe & Lock Co. (1890), Grayson v. Lynch (1896)
96 federal appellate · 12 district · 83 state decisions — followed in 25 states
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 United States v. Ross · Hatch v. Oil Company · Manning v. Insurance Co. · Thornton v. Wynn
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 220 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““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.’ ””
4 later decisions quote this exact passage · from the majority“When a vendor sells goods of a specified quality, but not in existence or ascertained, and undertakes to ship them to a distant buyer, when made or ascertained, and delivers them to the carrier for the purchaser, the latter is not bound to accept them without examination. The mere delivery of the goods by the vendor to the carrier does not necessarily bind the vendee to accept them. On their arrival he has the right to inspect them to ascertain whether they conform to the contract, and the right to inspect implies the right to reject them if they are i~ot of the quality required by the contract.”
3 later decisions quote this exact passage · from the majority““When a bill or answer in equity or a pleading in an action at law is sworn to by the party, it is competent evidence against him in another suit as a solemn admission by him of the truth of the facts stated. Studdy v. Sanders, 2 D. & R. 347; De Whelpdale v. Milburn, 5 Price, 485; Central Bridge v. Lowell, 15 Gray (Mass.), 106 ; Bliss v. Nichols, 12 Allen (Mass.), 443; Elliott v. Hayden, 104 Mass. 180 ; Cook v. Barr, 44 N. Y. 156 ; Taylor on Evidence (7th Ed.), § 1753; Greenleaf, Evidence, §§ 552) 555.””
1 later decision quote this exact passage · from the majority
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.