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← 205 Mont. 403 - Robertus v. Candee

Robertus v. Candee’s Empirical Analysis

1983

Citation profile

22
cited by 22 later decisions
3
states following
July 2018
most recently cited

18 state decisions

How this case has been cited

Cited by 22 later decisions — most recently July 2018

18 state decisions

1001983199020002010decided

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 Cameron v. Cameron · Morgen & Oswood Construction Co. v. Big Sky of Montana, Inc. · Johnson v. Tindall · Epletveit v. Solberg · Francisco v. Francisco

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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““There may be cases where the enhancement to the defendant’s property will be far less than the quantum meruit value of the plaintiffs efforts. For example, where the improvement did not enhance the value of the property but did result in a pecuniary saving to the defendant, the enhancement measure would not reflect the unjust enrichment. Conversely, there may be cases where the value of the enhancement greatly exceeds the cost of the improvement, as in this case. “Thus the rule has evolved that the proper measure of damages in unjust enrichment should be the greater of the two measures. Restatement of Law, Contracts 2d § 371 comment b; 12 Williston, Contracts § 1480.” (Emphasis in original.)”
    2 later decisions quote this exact passage · from the majority
  2. “The theory of unjust enrichment requires that a person who has been unjustly enriched at the expense of another must make restitution to the other. Restatement of the Law, Restitution § 1;... The measure of this equitable restitution interest is either the quantum meruit value of plaintiff’s labor and materials or the value of the enhancement to the defendant’s property. Restatement of the Law, Contracts 2d § 371;... (Emphasis added).”
    1 later decision 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.