Collins v. Oliver’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The contract was a sale.' It contains no language which warrants the conclusion that what was to be accomplished by it was to give an option or that it was other than an actual sale. The vendors ‘agreed to sell and convey and dispose of’ the whiskey to Collins for the price named and he covenanted that it was ‘to be paid for’ by him ‘as hereinafter set forth.’ The two payments actually made ‘represent twenty-five per cent (25%) of the entire purchase price.’ After January 1, 1922, Collins was to pay interest on the unpaid balance of the ‘purchase price.’ The Sales Act of May 19, 1915, . . . provides: ‘Where there is a contract to sell specific or ascertained goods, the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred;’ and section 19 states as a rule for determining that intent, ‘Unless a different intention appears . . . where it is an unconditional contract to sell specific goods, in a deliverable state, the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment or the time of delivery, or both, be postponed.’ This codifies our decisions prior to the act: ‘When the terms of sale are agreed upon, and the bargain is struck, and everything the seller has to do with the goods is complete, the contract of sale becomes absolute as between the parties without actual payment or delivery, and the property, and the risk of accident to the goods, vests in”

   1 later decision quote this exact passage
   e.g. Rockwood v. Green