Moore Brothers Company v. Brown & Root Incorporated Highlands Insurance Company Toll Road Investors Partnership II Lp Moore Brothers Company’s Empirical Analysis
2000
Citation profile
56
cited by 56 later decisions
6
states following
September 2018
most recently cited
6 district · 9 state decisions
Relationships
Relies on Erie Co v. Tompkins · Amies v. Wesnofske · Bowers v. Atlanta Motor Speedway, Inc. · Ross v. Craw · 558 So. 2d 404 - OBS Co., Inc. v. Pace Const. Corp.
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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he very purpose of securing a surety bond contract is to insure that claimants who perform work are paid for their work in the event that the principal does not pay. To suggest that non-payment by the Owners absolves the surety of its obligation is nonsensical, for it defeats the very purpose of a payment bond.”
3 later decisions quote this exact passage · from the majority“The prevention doctrine is a generally recognized principle of contract law according to which if a promisor prevents or hinders fulfillment of a condition to his performance, the condition may be waived or excused.”
3 later decisions quote this exact passage · from the majority“'completely forecloses occurrence of the condition' or 'substantially hinders its occurrence.' " Dist.-Realty Title Ins. Corp. v. Ensmann , 767 F.2d 1018 , 1023 (D.C. Cir. 1985) (citation and emphasis omitted). Thus, as one court has explained, "[t]he prevention doctrine does not require proof that the condition would have occurred 'but for' the wrongful conduct of the promisor; instead it only requires that the conduct have 'contributed materially' to the non-occurrence of the condition.”
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.