Nash v. Brewster’s Empirical Analysis

Citation profile

1 federal appellate · 14 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is claimed that the seed was not furnished until after the execution of the note, because the 200 bushels therein described were a part of a larger quantity stored in the same bin, and was not separated or hauled away at the time. It is held in Kelly v. Seely, 27 Minn. 388 , 7 N. W. Rep. 821 , that the contract must be executed, and the sale completed, at the time the note is given. We have no doubt that upon the evidence, and for the purposes of the contract, the sale in this case must be deemed completed at the time of the execution of the note, and that, as between the parties, at least, the title passed. The transaction appears to have been bona fide, and the evidence, which was nncontradieted, tended to prove that the wheat in the bin, of which the 200 bushels was a part, was all of the same kind, and Love joy had the same right to take that amount from the bin, and remove it, as he' would if it had been separated. He was given permission to haul it away by the load and the plaintiff was in the meantime to be the bailee of the same. It was unnecessary to put the parties to the extra trouble of handling it twice in the granary, or to remove it all in one day. The evidence was sufficient to warrant the jury in finding that it was the intention of the parties that the title should presently pass, and in such cases it is a question of intention to be gathered from the circumstances. Weighing or measuring is not absolutely essential to a complete sale, except when necessa”

   1 later decision quote this exact passage
   e.g. Mayer v. Gibson