356 So. 2d 463 - Smith v. Westervelt’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[The contractor] took the position that it was “customary” to include an overhead item as costs. No proof of the actual cost of overhead was submitted. [The contractor], also, was equivocal concerning whether he had discussed with [the owner] the inclusion of an additional 10 percent for overhead as an item of costs, stating that he would not swear that he discussed it with [the owner]. Absent evidence of consent by [the owner], whom the record shows to be inexperienced in the building trade, we follow Osyka Mercantile Co. v. W.F. Klumpp & Co., 7 Or.App. 194 (1910), which concluded that custom could not be invoked against a party not in the same trade; and, therefore, [the owner] cannot be presumed to have contracted in reference to it.”

   1 later decision quote this exact passage
   e.g. Freeman & Co. v. Bolt