Bailey v. Austrian’s Empirical Analysis

Citation profile

4 federal appellate · 2 district · 22 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Upon the foregoing state of facts, the engagement of plaintiffs was to purchase all of said pig iron which they might want in their said business during the time specified; but they do not engage to want any quantity whatever. They do not even engage to continue their business. If they see fit to discontinue it on the very day on which the supposed agreement is entered into, they are at entire liberty to do so at their own option, and, whatever might have been defendant’s expectation, he is without remedy. In other words, there is no absolute engagement on plaintiffs’ part to ‘want,’ and, of course, no absolute engagement to purchase any iron of defendant. Without such absolute engagement on plaintiffs’ part, there is no absolute mutuality of engagement, so that defendant has the right at once to hold plaintiffs to a positive agreement.””

   1 later decision quote this exact passage
   e.g. A. Santaella & Co. v. Otto F. Lange Co.