School District v. Thomas’s Empirical Analysis

Citation profile

1 federal appellate · 1 district · 4 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is also argued that the rule “Where a party makes a promise to another for the benefit of a third person, such third person may avail himself of the promise and bring an action thereon . . .” is applicable and may be invoked by [Thomas] as against the school district. There were no portions or elements of the contract between Smith, the original contractor, and the district which ... contain any promise by the district, made for the benefit of the subcontractor, on which he would be entitled to institute a suit against the district; hence the doctrine to which reference has been made is of no force here.”

   1 later decision quote this exact passage
   e.g. 1 Neb. Ct. App. 954 - John Day Co. v. Alvine & Associates, Inc.

2. ““Neither can it be said that the retention of the amount of the estimates as they were made, presented, and in part paid, raised the right in the subcontractor to demand any part of such sum as his due, because it had its source in labor performed or materials furnished by him. Nor did the district become a trustee for the subcontractor, and thus a right originate by which the subcontractor became vested with a claim against the district for such sum.””

   1 later decision quote this exact passage
   e.g. Noonan v. Stein