Atkinson v. Jackson Bros.’s Empirical Analysis
1925
Citation profile
7 federal appellate · 75 state decisions
How this case has been cited
Cited by 86 later decisions — most recently March 2016 · most notably Turner, Collie & Braden, Inc. v. Brookhollow, Inc. (1982), Sage Street Associates v. Northdale Construction Co. (1993)
7 federal appellate · 75 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 Spence v. . Ham · Linch v. Paris Lumber and Grain Elevator Co. · M. J. Daly & Sons, Inc. v. New Haven Hotel Co. · Graves v. Allert Fuess · Harrop v. National Loan & Investment Co. of Detroit
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 86 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“To constitute substantial compliance the contractor must have in good faith intended to comply with the contract, and shall have substantially done so in the sense that the defects are not pervasive, do not constitute a deviation from the general plan contemplated for the work, and are not so essential that the object of the parties in making the contract and its purpose cannot, without difficulty, be accomplished by remedying them. Such performance permits only such omissions or deviation from the contract as are inadvertent and unintentional, are not due to bad faith, do not impair the structure as a whole, and are remediable without doing material damage to other parts of the building in tearing down and reconstructing.”
4 later decisions quote this exact passage“It being made to appear from the pleadings and the proof that there was not a full compliance with the plans and specifications, Jackson Bros, could not recover at all without invoking the equitable doctrine of substantial performance. We therefore think the burden was on them to furnish the evidence to properly measure the deductions allowable necessary to remedy the defects and omissions.”
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.