Scholz v. Schneck’s Empirical Analysis
1910
Citation profile
14 state decisions
How this case has been cited
Cited by 14 later decisions — most recently October 1971
14 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 Mescall v. Tully · Boardman v. Griffin · Milburn v. Phillips · Johnston Harvester Co. v. Bartley · Kerstetter v. Raymond
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““And where one party to a special, entire contract has not fully complied with its terms, but, professing to act under it, has done for, or delivered to, the other party something of value to him which he has accepted, no action will lie on such special contract, but the party who has accepted benefits thereunder from the labor of the other will be liable on an implied promise arising from the circumstance to the extent of the value received by him. Lomax v. Bailey (1846), 7 Blackf. 599 ; Coe v. Smith (1848), 1 Ind. 267, 270 ; Kerstetter v. Raymond (1858), 10 Ind. 199 ; Becker v. Hecker (1857), 9 Ind. 497 . “It is apparent that the conclusions of law upon the facts found are based upon the principles before stated. The contract declared upon and found to have been made was an entirety, and the promised consideration a lump sum for performance as a unit. There was no rating or valuation of the items of the contract by the parties. There is nothing in the record from first to last that tends to show that the doing of part of the work undertaken, the remainder being left undone, was of value to decedent, or that he accepted it. In such cases the court will not undertake to split up the contract and apportion the consideration to the parts performed, when the parties for some reason did not do so for themselves. There is not, anywhere in the case, a reason offered as an explanation or excuse for claimant’s failure to perform all the service he agreed to perform. To present a vali”
1 later decision quote this exact passagee.g. McCormick v. Donahue
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.