Congar v. Chamberlain’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The argument here embraces several questions which were not raised on the trial below, and most of them are, on that account, not now open to consideration. Upon whom was the burden of showing a breach of the alleged warranty ? What was the measure of proof required to establish it? Did the warranty constitute a part of the contract for the sale of the trees, or was it made afterwards; and if so, upon a sufficient consideration? What were the terms of the contract, and when was it made? Did it fix the time for the delivery of the trees, and was the appellant in that respect in default ? If he was, did the respondent relinquish his claim by an unconditional acceptance of them ? Were the statements of the appellant mere expressions of opinion or of expectation on his part, or were they intended and received as a warranty ? All these were questions of this nature, and proper to have been presented and discussed before the court and jury at the hearing; and the appellant, by his failure to do so, effectually waived them, so that he could not afterwards make or avail himself of them, either upon the motion for a new trial or on appeal to this court.””

   1 later decision quote this exact passage
   e.g. Harrington v. Downing