United States ex rel. American Radiator & Sanitary Corp. v. Northwestern Engineering Co.’s Empirical Analysis

Citation profile

17 federal appellate · 4 district · 7 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We are unable, from this language, to arrive at any other conclusion than that the giving of a written notice must be held to be mandatory, as a strict condition precedent to the existence of any right of action upon the payment bond. Since the right is purely a statutory grant, Congress necessarily could impose such creating conditions as it saw fit. While the statute uses the general term ‘notice’, its other language clearly shows that it is intended to be, in legal effect, the presentation of a claim. That presentation is requir ed to be made in written form, ‘stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was done or performed.’ ””

   2 later decisions quote this exact passage · from the majority
   e.g. United States for the Use & Benefit of Davison v. York Electric Construction Co. · United States v. Peerless Casualty Co.

2. ““ * * * But the invoices were not presented to the contractor as the basis for a claim on the bond * * *. They could accordingly not be treated as a substitute for the written notice of claim which the statute imposed as a condition precedent to any right of action upon the bond.””

   2 later decisions quote this exact passage · from the majority
   e.g. United States for the Use & Benefit of Davison v. York Electric Construction Co. · 627 F. Supp. 2d 976 - Accurate Controls, Inc. v. Cerro Gordo County Board of Supervisors

3. “* * * shall have the right to sue on such payment bond for the amount, or the balance thereof, unpaid at the time of institution of such suit and to prosecute said action to final execution and judgment for the sum or sums justly due him: Provided, however, That any person having direct contractual relationship with a subcontractor but no contractual relationship express or implied with the contractor furnishing said payment bond shall have a right of action upon the said payment bond upon giving written notice to said contractor within ninety days * *.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Van de Riet