DeVito v. United States’s Empirical Analysis
413 F.2d 1147 · 1969
Citation profile
10 federal appellate · 2 district · 2 state decisions
How this case has been cited
Cited by 182 later decisions — most recently August 2012 · most notably Cities Service Helex, Inc. v. United States (1976), Mega Construction Co. v. United States (1993)
10 federal appellate · 2 district · 2 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.
Relationships
Relies on United States v. Carlo Bianchi & Co. · J. D. Hedin Construction Co. v. United States · Stein Bros. Mfg. Co. v. United States · Bailey Specialized Buildings, Inc. v. United States
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 182 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The necessary elements of an election by the non-defaulting party to waive default in delivery under a contract are (1) failure to terminate within a reasonable time after the default under circumstances indicating forbearance, and (2) reliance by the contractor on the failure to terminate and continued performance by him under the contract, with the Government’s knowledge and implied or express consent.”
13 later decisions quote this exact passage · from the majority“Under the DeVito rule, in a waiver after breach situation, time may again become essential and the Government may regain the right to terminate a delinquent contractor for default, if (1) the Government unilaterally issues a notice under the contract’s Default clause establishing a reasonable but specific time for performance on pain of default termination, or (2) the parties bilaterally agree upon a new delivery date.”
10 later decisions quote this exact passage · from the majority“[w]here the Government elects to permit a delinquent contractor to continue performance past a due date, it surrenders its alternative and inconsistent right under the Default clause to terminate, assuming the contractor has not abandoned performance.”
2 later decisions quote this exact passage · from the majority
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.