Cheney v. Libby’s Empirical Analysis
134 U.S. 68 · 1890
Citation profile
48 federal appellate · 5 district · 97 state decisions
How this case has been cited
Cited by 160 later decisions (2 by the Supreme Court) — most recently November 2003 · most notably Goltra v. Weeks (1926), Utermehle v. Norment (1905)
48 federal appellate · 5 district · 97 state decisions — followed in 28 states
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 Hennessey v. Woolworth · Brown v. Guarantee Trust & Safe Deposit Co. · James Taylor v. Nicholas Longworth · Ward v. Smith
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 160 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Even where time is made' material by express stipulation, the failure of one of the parties to perform a condition within the particular time limited will not in every case defeat his right to a specific performance, if the condition be subsequently performed, without unreasonable delay, and no circumstances have intervened that would render it unjust or inequitable to give such relief.””
5 later decisions quote this exact passage · from the majority““Time may be made of the essence of the contract ‘by the express stipulations of the parties, or it may arise by implication from the very nature of the property or the avowed objects of the seller or the purchaser.’ ””
2 later decisions quote this exact passage · from the majority““A party filing a bill submits to do everything that is required by him; and the practice of the court is not to require the party to make the formal tender, where, as in this case, from the facts stated in the bill, or from the evidence, it appears that the tender would have been a mere form, and that the party to whom it was made would have refused to accept the money.””
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.