Harris & Harris Construction Co. v. Crain & Denbo, Inc.’s Empirical Analysis
1962
Citation profile
22 federal appellate · 2 district · 109 state decisions
How this case has been cited
Cited by 146 later decisions — most recently June 2022 · most notably Rose v. Vulcan Materials Company (1973), Matter of Foreclosure of Trust by Goforth (1993)
22 federal appellate · 2 district · 109 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.
Relationships
Relies on Jones v. Palace Realty Co. · Grand Trunk Western R. v. H. W. Nelson Co. · Reid v. Johnston · Lytle, Campbell & Co. v. Somers, Fitler & Todd Co. · George H. Sampson Co. v. Commonwealth
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 146 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“There can be no waiver unless so intended by one party, and so understood by the other, or one party has so acted as to mislead the other.”
3 later decisions quote this exact passage“[i]f the creditor knows or has good grounds for believing that the surety is being deceived or misled, or that he was induced to enter into the contract in ignorance of facts materially increasing the risk, of which he has knowledge, and he has an opportunity before accepting his undertaking, to inform him of such facts, good and fair dealing demand that he should make such disclosure to him; and if he accepts the contract without doing so, the surety may afterwards avoid it. It was at one time asserted that all the information in obligee’s power must be given to enable the promisor to estimate the character of the risk he is invited to undertake. This view, however, finds no support today. A surety is in general a friend of the principal debtor, acting at his request, and not at that of the creditor; and, in ordinary cases, it may be assumed that the surety obtains from the principal all of the information which he requires. This is the rule applicable unless there is some fact, which the creditor knows the surety probably will not discover, of such vital importance to the risk that the creditor must have been aware that the non-disclosure would in effect amount to a contrary representation to the surety. The conceal ment must in fact or in law be fraudulent. There is nothing in the mere nature of the contract of suretyship itself which requires the obligee to disclose to the proposed surety all the material facts affecting the risk. There must be a duty on the part of the o”
2 later decisions quote this exact passage“In this the trial judge simply followed the law as established by the decisions of this Court. . . . The statute says that all sums of money due by contract of this kind, excepting money due on penal bonds, shall bear interest. . . . From this it would seem to follow in this State that whenever a recovery is had for a breach of contract and “the amount is ascertained from the terms of the contract itself or for (sic) evidence relevant to the inquiry,” that interest should be added.”
1 later decision quote this exact passage
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.