Harper v. Independence Development Co.’s Empirical Analysis

Citation profile

2 district · 12 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Appellant contends that the relation of vendor and vendee existed .... and cited authorities holding that a lien exists in favor of a miner or laborer who performs work at the instance of a vendee. These authorities are of no weight in the determination of this case, for the reason that the relation of vendor and vendee contended for does not here exist. The Goodwin-Farrish agreement must be construed to be an option, and nothing more.....By its terms there was no sale, Farrish did not agree, nor was he bound to do anything except ‘abide by the terms of this agreement, and in default of any payment to surrender the property and forfeit all moneys paid and expended thereon.’ The Goodwins agreed to sell to Farrish upon certain conditions, namely, the payment of certain sums at one and two years’ time, and it was agreed that ‘Farrish or his assigns may take possession of said mining claims and develop the same during the life of this agreement. ’ “Farrish did not bind himself to buy or pay for the property, nor did he -bind himself to take possession of and develop it.....The entire matter was left to his election within the life of the agreement. This agreement was then nothing more than an option, .... the holder' of such option is neither the vendee nor the agent of the owner.””

   1 later decision quote this exact passage
   e.g. Smith v. Beebe

2. ““It is elementary that in all such agreements, looking to the sale of mining property, time is of the essence. ’ ’”

   1 later decision quote this exact passage
   e.g. Smith v. Beebe