James v. Bowen’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"It is admitted that no written claim for an extension of time was made during the execution of the contract; but it is argued, upon the basis of the testimony to which we have referred, that the contractors were delayed by the architect, and thereby became entitled to an extension of time exceeding that for which the demurrage is claimed, and that an allowance on that account should now be made by the court. The function of the court, however, is to interpret the contract, where interpretation is required, and otherwise to enforce it as written, and the stipulation that no allowance of time shall be made `unless a claim therefor is presented, in writing, to the architect, within forty-eight hours of the occurrence of the delay,' requires no interpretation, but is to be enforced as written, from which it follows that, in view of the admission that no claim in writing was made as thus provided, the testimony offered to prove merely that delays occurred, upon which such claims might have been predicated, was irrelevant and should have been excluded on plaintiffs' objection. Even, however, if that testimony could be considered, for the purpose for which it was offered, we find it unconvincing. * * *." (Emphasis added.)”

   1 later decision quote this exact passage
   e.g. Meaux v. Southern Construction Corporation

2. “"We are of the opinion that the trial judge was correct in refusing to permit the contractors to introduce evidence revealing the causes for delay in view of the fact that the contract provided that there shall be no extension of time unless the contractors notify the owner `in writing within forty-eight hours from the time any delay shall have been occasioned and the reason thereof.' It is conceded that no written notice for extension of time was ever given by the contractors to the owner. "The Supreme Court disposed of this question in the case of Equitable Real Estate Co., Limited v. National Surety Company, 1913, 133 La. 448 , 63 So. 104, 106 , * * *."”

   1 later decision quote this exact passage
   e.g. Meaux v. Southern Construction Corporation

3. “"If the delay in the completion of this contract is caused by circumstances beyond contractor's control, the contractor must serve written notice thereof on the owner to obtain additional time for the completion of the contract without penalty.”

   1 later decision quote this exact passage
   e.g. Meaux v. Southern Construction Corporation