Burck v. Taylor’s Empirical Analysis
152 U.S. 634 · 1894
Citation profile
69 federal appellate · 12 district · 88 state decisions
How this case has been cited
Cited by 194 later decisions (2 by the Supreme Court) — most recently December 2003 · most notably Trubowitch v. Riverbank Canning Co. (1947), Harriman v. Northern Securities Co. (1905)
69 federal appellate · 12 district · 88 state decisions — followed in 27 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 Hobbs v. McLean · Arkansas Valley Smelting Co. v. Belden Mining Co. · Brooks v. Martin · Goodman v. Niblack · Delaware County Commissioners v. Diebold Safe & Lock Co.
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 194 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““When rights arising out of contract are coupled with obligations to be performed by the contractor, and involve such a relation of personal confidence that it must have been intended that the rights should be exercised, and the obligations performed, by him alone, the contract, including both his rights and his obligations, cannot be assigned without the consent of the other party to the original contract.””
5 later decisions quote this exact passage · from the majority““It may be conceded that, primarily, it was a provision intended, although not expressed, for the benefit of the state, and to protect it from interference by other parties in the performance of the contract, to secure the constant and sole service of a contractor with whom the state was willing to deal, and to relieve itself from the annoyance of claims springing up during or after the completion of the contract in favor of parties of whose interest in the contract it had no previous knowledge, and to the acquisition of whose interests it had not consented. Concede all this, and yet it remains true that it was a stipulation which was one of the terms of the contact and binding upon the contractor, and equally binding upon all who dealt with him.””
3 later decisions quote this exact passage · from the majority““No contract or order, or any interest therein, shall be transferred by the party to whom such contract or order is given to any other party, and any such transfer shall cause the annulment of the contract or order transferred, so far as the United States are concerned.””
2 later decisions 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.