O'Connell v. Duke’s Empirical Analysis
1867
Citation profile
42 state decisions
How this case has been cited
Cited by 42 later decisions — most recently February 1982 · most notably Mason v. Peterson (1923), 19 W. Va. 438 - Crislip v. Cain (1882)
42 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.
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Sales in gross may be subdivided into various subordinate classifications: First, sales strictly and essentially by the tract, without.reference in the negotiation or in the consideration to any estimated or designated quantity of acres; second, sales of the like kind, in which, through a supposed quantity by estimation is mentioned or referred to in the contract, the reference was made only for the purpose of description, and under such circumstances or in such manner as to show that the parties intended to risk the contingency of quantity, whatever it might be, or how much so ever it might exceed or fall short of that which was mentioned in' the contract; third, sales in which it is evident, from extraneous circumstances of locality, value, price, time and the conduct and conversations of the parties, that they did not contemplate or intend to risk more than the usual rates of excess or deficit in similar cases, or than such as might be reasonably calculated on as within the range of ordinary contingency; fourth, sales which, though technically- deemed and denominated sales in gross, are, in facts, sales by the acre, and so understood by the parties. Contracts belonging to either of the two first-mentioned classes, whether executed or executory, should not be modified by the chancellor when there has been no fraud.””
2 later decisions quote this exact passagee.g. Ross v. Brewer · Burke v. Smith“It has long since been settled, that the relative extent [italics ours] of the surplus or deficit cannot furnish, per se, an infallible criterion in each case for its determination, but that each case must be considered with reference not only to that, but its other peculiar circumstances.”
1 later decision quote this exact passagee.g. Findlay v. State“His [the purchaser's] hazard of a loss is the consideration he pays for the excess. If that consideration be wanting, he must rely on his express contract, if he would claim an excess.”
1 later decision quote this exact passagee.g. Findlay v. State
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.