Asphalt International, Inc. v. Enterprise Shipping Corp.’s Empirical Analysis
667 F.2d 261 · 1981
Citation profile
12 federal appellate · 1 district · 3 state decisions
How this case has been cited
Cited by 28 later decisions — most recently September 2014 · most notably Dow Chemical Pacific Ltd v. Rascator Maritime Sa a, Continental Oil Co. v. Bonanza Corp. (1983)
12 federal appellate · 1 district · 3 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 Place v. Norwich & New York Transportation Co. · Beck v. Alabama · Transatlantic Financing Corp. v. United States · Pauley Petroleum Inc. v. United States · American Trading & Production Corp. v. Shell International Marine Ltd.
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'if performance as agreed has been made impracticable by the occurrence of a contingency the non-occurrence of which was a basic assumption on which the contract was made.'”
3 later decisions quote this exact passage · from the majoritye.g. Golsen v. ONG Western, Inc. · Dow Chemical Pacific Ltd. v. Rascator Maritime S.A., Intra-Span, Inc., Mahmud Ahmed, A/K/A Mahmud Sipra, Miles A. Galin, M.D., the Sanko Steamship Co., Ltd., Sanko Kisen (u.s.a.) Corp., M/v Ogden Fraser, Her Engines, Boilers, Etc., and Ogden Fraser Transport, Inc., Rascator Maritime S.A., Intra-Span, Inc., Mahmud Sipra, Miles A. Galin, M.D., and M/v Ogden Fraser, the Sanko Steamship Co., Ltd., Sanko Kisen (u.s.a.) Corp., Ogden Fraser Transport, Inc., Manuel International Inc. And Manuel International D.I.S.C., Inc., Plaintiffs v. Rascator Maritime S.A., Intra-Span, Inc., Mahmud Ahmed, A/K/A Mahmud Sipra, Miles A. Galin, M.D., the Sanko Steamship Co., Ltd., Sanko Kisen (u.s.a.) Corp., M/v Ogden Fraser, Her Engines, Boilers, Etc., and Ogden Fraser Transport, Inc., Rascator Maritime S.A., Intra-Span, Inc., Mahmud Sipra, Miles A. Galin, M.D., and M/v Ogden Fraser, the Sanko Steamship Co., Ltd., Sanko Kisen (u.s.a.) Corp., Ogden Fraser Transport, Inc.“the reasonableness of the expenditure at issue, not upon the ability of a party to pay the commercially unreasonable expense.”
1 later decision quote this exact passage · from the majority“alter[] the essential nature of the charter party agreement”
1 later decision 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.