Mann v. Clowser’s Empirical Analysis

Citation profile

4 federal appellate · 68 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 84 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘Where the contractor fails to keep his agreement, the measure of the employer’s damages, whether sought in an independent action or by recoupment or counterclaim, is always the sum which will put him in as good a position as if the contract had been performed. If the defect is remediable from a practical standpoint, recovery generally will be based on the market price of completing or correcting the performance and this will generally be shown by the cost of getting (the) work done or completed by another person. If the defect is not thus remediable, damages are based on the difference between the value of the defective structure and that of the structure if properly completed . . . .’ (Quoting from Williston on Contracts, Rev. Ed., Vol. 5, sec. 1363, pp. 3825-6.) “Restatement of the Law of Contracts, sec. 346, p. 573, expresses it in this manner: “‘(a) For defective or unfinished construction he (the owner) can get judgment for either “‘(i) the reasonable cost of construction and completion in accordance with the contract, if this is possible and does not involve unreasonable economic waste; or “ ‘ (ii) the difference between the value that the product contracted for would have had and the value of the performance that has been received by the plaintiff, if construction and completion in accordance with the contract would involve unreasonable economic waste.’ ””

   3 later decisions quote this exact passage · from the majority
   e.g. Harrell Builders, Inc. v. Watters · Hawthorne Village Board of Directors v. Beautyguard of Greater Washington, Inc.

2. “cost of correction or completion rather than loss in property value ordinarily affords the proper basis for measuring the damages which result to the owner from the breach of a building or construction contract, or other contract to change the condition of real property. The propriety of applying such measure of damages is especially clear where correction or completion would not involve unreasonable destruction of work done by the contractor and the cost thereof would not be grossly disproportionate to the results to be obtained.”

   1 later decision quote this exact passage · from the majority
   e.g. Nichols Const. v. Virginia MacHine Tool

3. ““The owner is entitled to the money which will permit him to complete, unless the cost of completion is grossly and unfairly out of proportion to'the good to be attained. When that is true, the measure is the difference in value.””

   1 later decision quote this exact passage · from the majority
   e.g. Peevyhouse v. Garland Coal & Mining Company