Osgood v. Skinner’s Empirical Analysis
1904
Citation profile
4 federal appellate · 62 state decisions
How this case has been cited
Cited by 69 later decisions — most recently August 1988 · most notably American National Bank and Trust Company of Chicago v. Weyerhaeuser Company (1982), 69 Ill. App. 3d 630 - Gilliland v. Allstate Insurance Co. (1979)
4 federal appellate · 62 state decisions
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.
Appellate journey
reviewedOsgood v. Skinner
Relationships
Relies on Minnesota Lumber Co. v. Whitebreast Coal Co. · Lyman v. Gedney · Bagley v. Findlay · Drury v. Connell · McKenna v. McKenna
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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““We are also of the opinion that the offer to perform the contract was sufficient. The transfer of the stock and the payment for the same were intended to be mutual and concurrent acts, and it was not contemplated that either party should perform some act as a condition precedent to the act of the other. If a contract calls for successive acts, first by one party and then by the other, there is no breach by one if the precedent act has not been performed by the other; but if the contract contemplates concurrent acts, it is sufficient to put one party in default that the other party is ready, willing and offers to perform his part of the contract. A tender, as applied to such a case, does not mean the same kind of offer as the tender of money in payment of a debt, where the money is offered to the creditor unconditionally and the transaction is completed and ended. It means an offer accompanied with ability to do the act re quired of one party provided the other will concurrently do what he is required to.””
1 later decision quote this exact passage · from the majoritye.g. Lyons v. Snider““The notice of plaintiffs’ election was a condition precedent, but that was given according to the contract, and we regard the offer of performance, coupled with ability to perform, as sufficient to put the defendant in default.” (p. 236.)”
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.