Wendling v. Puls’s Empirical Analysis

Citation profile

4 district · 14 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““84-2-201. Formal requirements; statute of frauds. (1) Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the parly against whom enforcement is sought or by his authorized agent or broker. A writing is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this paragraph beyond the quantity of goods shown in such writing. “(2) Between merchants if within a reasonable time a writing in confirmation of the contract and sufficient against the sender is received and the party receiving it has reason to know its contents, it satisfies the requirements of subsection (1) against such party unless written notice of objection to its contents is given within ten days after it is received. “(3) A contract which does not satisfy the requirements of subsection (1) but which is valid in other respects is enforceable “(a) if the goods are to be specially manufactured for the buyer and are not suitable for sale to others in the ordinary course of the seller’s business and the seller, before notice of repudiation is received and under circumstances which reasonably indicate that the goods are for the buyer, has made either a substantial beginning of their manufacture or commitments for their procurement; or”

   3 later decisions quote this exact passage · from the majority
   e.g. 27 Kan. App. 2d 18 - St. Francis Mercantile Equity Exchange, Inc. v. Newton · Quaney v. Tobyne

2. “Seller’s remedies in general. Where the buyer wrongfully rejects or revokes acceptance of goods or fails to make a payment due on or before delivery or repudiates with respect to a part or the whole, then with respect to any goods directly affected and, if the breach is of the whole contract (section 84-2-612), then also with respect to the whole undelivered balance, the aggrieved seller may $ # * * * * (d) resell and recover damages as hereafter provided (section 84-2-706); (e) recover damages for nonacceptance (section 84-2-708) or in a proper case the price (section 84-2-709);”

   2 later decisions quote this exact passage · from the majority
   e.g. Sharp Electronics Corp. v. Lodgistix, Inc. · McRae v. Publications International, Ltd.