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← 132 KAN 147 - Cooke v. Luscombe

Cooke v. Luscombe’s Empirical Analysis

1931

Citation profile

17
cited by 17 later decisions
3
states following
March 2006
most recently cited

6 federal appellate · 11 state decisions

How this case has been cited

Cited by 17 later decisions — most recently March 2006

6 federal appellate · 11 state decisions

10019311940195019601970198019902000decided

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 Algonite Stone Manufacturing Co. v. Fidelity & Deposit Co. · Road Supply & Metal Co. v. Kansas Casualty & Surety Co. · Hardman Lumber Co. v. Blanch

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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Under the contract, defendant Luscombe agrees `to furnish all labor and materials necessary for the plastering of a church now under construction.' When taken with the other terms in the contract and bond, it seems idle to contend that this did not mean furnish and pay for. To thus hold would render meaningless the provision in the contract providing the contractor should be paid according to the amount of work finished on the 15th of each month and the balance when the work was completed and `after receipts are furnished showing that all labor and material is paid for.' The church must have intended that the contractor should furnish and pay for all labor and materials, or they would not have had that provision in the contract, and the contractor must have intended to pay for all the labor and material, or he would not have signed the contract with that provision in it.”
    1 later decision quote this exact passage · from the majority
  2. ““With these allegations in the petition we think it was proper under the authority of R. S. 60-1405 and Lumber Company v. Blanch, 107 Kan. 459 , 192 Pac. 742 , for the court to permit the amendment prayed for in the petition, and that when so amended the statement created a valid lien.” (p. 149.)”
    1 later decision quote this exact passage · from the majority
  3. “furnish all labor and materials necessary for the plastering of a church”
    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.