McGarry v. Averill’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In ordinary cases it is enough to show that the materials were sold to be used in the building, and delivered to the builder, and there is some testimony showing that material of that character was actually used. In the absence of any proof or circumstance tending to show that material so furnished was moved or taken away, or that an unnecessary amount was used in the construction of the building, it will be presumed that that furnished was actually used.” (McGarry v. Averill, 50 Kan. 362, 365 , 31 Pac. 1082 , 34 Am. St. Rep. 120 .)”

   1 later decision quote this exact passage · from the majority
   e.g. David v. Doughty

2. ““It is not enough that the material was sold to the contractor with the design that it should be used in the construction of the building, but it must in fact be used in the building before a lien will attach or the owner can be charged for the material furnished.” (p. 364.)”

   1 later decision quote this exact passage · from the majority
   e.g. Seyb-Tucker Lumber and Implement Co. v. Hartley

3. ““To entitle a person to a lien upon land for material furnished for fencing, it must appear not only that such material was purchased to be used for that purpose, but it must also appear that the same was in fact so used as to become a part of the realty.””

   1 later decision quote this exact passage · from the majority
   e.g. Seyb-Tucker Lumber and Implement Co. v. Hartley