13 E.H. Smith 371 - Saxe v. . Penokee Lumber Co.’s Empirical Analysis
1899
Citation profile
11 federal appellate · 2 district · 26 state decisions
How this case has been cited
Cited by 39 later decisions — most recently November 1952 · most notably McAnarney v. Newark Fire Insurance (1928), Ehrenworth v. . Stuhmer Co. (1920)
11 federal appellate · 2 district · 26 state decisions
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.
Appellate journey
reviewedSaxe v. Penokee Lumber Co.
Relationships
Relies on People v. . Sharp · 2 E.H. Smith 382 - Todd v. . Gamble · Parsons v. . Sutton · Windmuller v. Pope · Dey v. Dox
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The law does not require the vendee to go into the market and buy, in order to secure the damages actually sustained by him through a breach on the part of the vendor of the contract for the sale of an article having a market value.””
2 later decisions quote this exact passage““1. Contract of Sale — Breach by Vendor — Measure of Damages. The general rule for the measure of damages, where the vendee sues the vendor for the breach of a contract of sale of merchandise at a fixed price, is the difference between the contract price and the market, value at the time and place of delivery; and, when the vendee can go into the market and buy the •article which the vendor has failed to deliver, this is the only rule. “2. Rule as to Duty of Party Injured by Breach of Contract, to Mitigate Damages. The rule, that the party who suffers from a- breach of contract must so act as to make his damages as small as he reasonably can, is with-, out practical application to a case where the subject-matter of the contract has a market value at the time and place of delivery.””
1 later decision quote this exact passagee.g. Burgie v. Hicks
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.