Busboom v. Smith’s Empirical Analysis

Citation profile

1 federal appellate · 7 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A contractor and builder who has in good faith endeavored to perform all that is required of him by the terms of his contract for the construction of a building, and has in fact substantially performed the same, is ordinarily entitled to sue upon his contract and recover the contract price less proper deductions therefrom on account of omissions, deviations, and defects chargeable to him, especially where the owner occupies and uses such building.”

   1 later decision quote this exact passage
   e.g. Kizziar v. Dollar

2. ““ * * * In such case the judgment should make such monetary award to the injured party as would place him in the position he would have been had the contract been performed, but it should not put him in a better position then he would have been had there been complete performance.””

   1 later decision quote this exact passage
   e.g. Collins v. Baldwin

3. ““The judgment of the trial court being clearly erroneous as to the amount awarded defendant, as hereinbefore pointed out, may be corrected by this court on appeal. Gray v. Cosden, 141 Okl. 183 , 284 P. 288 ; Stumpf v. Stumpf, 173 Okl. 1 , 46 P.2d 315 .”

   1 later decision quote this exact passage
   e.g. Gallaspy v. Warner