Title Guaranty Trust Company v. Crane Company’s Empirical Analysis

Citation profile

94 federal appellate · 52 district · 78 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 284 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Stripped of all technicality, plaintiff and intervenor seek to recover damages claimed to have been incurred because of the breach by the contractor of an implied covenant in the sub-contract against unreasonable delays preventing the subcontractors from proceeding with their work. The parties recognize this, because in the only point relied upon in their designation of points, it is asserted that: ‘ * * * a subcontractor can recover his damages consisting of expenses made necessary by the delay of the principal contractor in a proceeding to recover on the bond under the Heard Act, 40 U.S.Code, Sec. 270.’ They cite numerous authorities to sustain their position that every contract contains an implied warranty against unnecessary delays and that recovery may be had for loss resulting from a breach thereof. These decisions are beside the point, because they arose in actions against the contractor for damages and not against the surety on a Heard Act bond. “The bond on which the action is based is not set out in the abstract, but we may assume that it is in due form and conforms to the requirements of the Act. The Act obligates the surety company to see that the contractor ‘shall promptly make payments to all persons supplying him or them with labor and materials in the prosecution of the work provided for in such contract.’ It requires payment not only of work and materials specifically mentioned in the contract, but also those items which the parties necessarily and reasonabl”

   2 later decisions quote this exact passage · from the majority
   e.g. Fidelity & Deposit Co. of Maryland v. Charles Hegewald Co. · United States Ex Rel. Edward E. Morgan Co. v. Maryland Casualty Co.

2. ““The language of the statute that after giving the affidavit the party should be furnished with a certified copy of the contract and bond, ‘upon which he or they shall have a right of action,’ etc., may be read as meaning ‘upon which bond’ as easily as ‘upon doing which,’ and hardly can be construed as making a condition precedent. The conditions are attached in the form of provisos by later words.””

   1 later decision quote this exact passage · from the majority
   e.g. Columbia County v. Consolidated Contract Co.

3. ““Of the other class are the claims for patterns furnished to the molding department of the Puget Sound Engine Works. As was' said by the Judge below, those who furnish the patterns have as fair a claim to be protected as those who erect the scaffolding upon which the carpenters stand in doing their work upon the ship.””

   1 later decision quote this exact passage · from the majority
   e.g. Fidelity & Deposit Co. of Maryland v. Charles Hegewald Co.