Davis v. Merrick’s Empirical Analysis

Citation profile

27 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In a contract for drilling a water well, there is no implied undertaking that water will be obtained or that the well will be a success as to the quantity or quality of the water obtained, but only that the work shall be done in a workmanlike manner with the ordinary skill of those who undertake such work. Butler v. Davis, 1903, 119 Wis. 166 , 96 N.W. 561 ; Littrell v. Wilcox, 1891, 11 Mont. 77 , 27 P. 394 ; Harrelson v. Fitzgerald, 1925, 3 La.App. 510 ; Omaha Consol. Vinegar Co. v. Burns, 1896, 49 Neb. 229 , 68 N.W. 492 ; Sweezy v. O’Rourke, 1919, 226 N.Y. 378 , 123 N.E. 752 .””

   2 later decisions quote this exact passage
   e.g. Knoblock v. Arenguena · Barnes v. Selvage

2. ““* * * [I]t is not the province of the court to amend or alter the contract by construction. The court must interpret and enforce the contract which the parties made for themselves. * * * ””

   1 later decision quote this exact passage
   e.g. Martin v. Foster