Newcomb v. Schaeffler’s Empirical Analysis
1955
Citation profile
5 federal appellate · 4 district · 42 state decisions
How this case has been cited
Cited by 55 later decisions — most recently January 2013 · most notably Western Distributing Co. v. Diodosio (1992), Cohen v. Vivian (1960)
5 federal appellate · 4 district · 42 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.
Relationships
Relies on Simpson v. United States · White v. Mitchell · Nance v. Patterson Building Co. · Moss v. Best Knitting Mills
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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Substantial compliance with reference to contracts, means that although the conditions of the contract have been deviated from in trifling particulars not materially detracting from the benefit the other party would derive from a literal performance, he has received substantially the benefit he expected, and is, therefore, bound to pay.””
3 later decisions quote this exact passage · from the majority“If a party, for sufficient consideration, agrees to erect and complete a building upon a particular spot, and find all the materials and do all the labor, he must erect and complete it, because he has agreed so to do. No matter what the expense, he must provide such a substruction as will sustain the building upon the spot until it is complete and delivered to the owner. If he agrees to erect a house upon a spot where it cannot be done without driving piles, he must drive them, because he has agreed to do everything necessary to erect and complete the building. If the difficulties are apparent on the surface, he must overcome them. If they are not, but become apparent by excavation, or the sinking of the building, the rule is the same. He must overcome them, and erect the building, simply because he has agreed to do so — to do everything necessary for that purpose.”
1 later decision quote this exact passage · from the majoritye.g. Raimer v. Stout“"`The general rule is that a builder must substantially perform his contract according to its terms, and, in the absence of contract governing the matter, he will be excused only by acts of God, impossibility of performance, or acts of the other party to the contract, preventing performance. If he wishes to protect himself against the hazards of the soil, the weather, labor, or other uncertain contingencies, he must do so by his contract. '" (Emphasis added.)”
1 later decision quote this exact passage · from the majoritye.g. Rippy v. Phipps
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.