3 E.H. Smith 489 - Dolan v. . Rodgers’s Empirical Analysis

Citation profile

11 federal appellate · 4 district · 50 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 84 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There are many cases holding that the continued existence of the means of performance, or of the subject matter to which the contract relates, is an implied condition, and the rule seems to rest upon the presumption that the parties necessarily intended an exception, and, as said in Dexter v. Norton, supra ( 47 N. Y. 62 ) it operates ‘to carry out the intention of the parties under most circumstances, and is more just than the contrary rule. ’ ’ ’”

   1 later decision quote this exact passage · from the majority
   e.g. Dow v. Bryant

2. “27 The principle was restated in expanded form by Mr. Justice Cardozo in Stearns Company v. United States, supra 291 U.S.at pages 61 and 62, 54 S.Ct.at pages 328, 78 L.Ed. 647: 'The applicable principle is fundamental and unquestioned. 'He who prevents a thing from being done may not avail himself of the non-performance which he has himself occasioned, for the law says to him, in effect: 'This is your own act, and therefore you are not damnified.”

   1 later decision quote this exact passage
   e.g. Stockstrom v. Commissioner