Duncan v. Baker’s Empirical Analysis

Citation profile

11 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““.Of course, in all cases where the employer can refuse to accept the work and does refuse to accept it or returns it, he is not bound to pay for it unless it exactly corresponds with the contract; but where he receives it and retains it, whether he retains it from choice or from necessity, he is bound to pay for the same what it is reasonably worth, less any damage that he may sustain by reason of the partial non-fulfilment of the contract. Of course, he is not bound to pay anything unless the work is worth something, unless he receives or- may receive some actual benefit therefrom.””

   2 later decisions quote this exact passage · from the majority
   e.g. 2 Kan. App. 237 - Modell Township v. King Iron Bridge & Manufacturing Co. · Limerick v. Lee

2. ““If one party, without the fault of the other, fails to perform his side of the contract in such manner a.s to enable him to sue upon it, still, if the other party has derived a benefit from the part performed, it would be unjust to allow him to retain that without paying anything. The law, therefore, generally implies a promise on his part to pay such a remuneration as the benefit conferred upon him is reasonably worth; and to recover that quantum of remuneration, an action of indebitatus assumpsit is maintainable.” 2nd. Pars. Cont. (6th Edition) 523.”

   1 later decision quote this exact passage · from the majority
   e.g. Limerick v. Lee