Smith Bros. v. Wheeler & Simmons’s Empirical Analysis
1879
Citation profile
1 federal appellate · 5 state decisions
How this case has been cited
Cited by 8 later decisions — most recently July 1922
1 federal appellate · 5 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 Dustan v. . McAndrew · Hayden v. . Demets
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““There can be no just reason why they [plaintiffs] should be compelled to accept the engine as part payment, which they virtually must do, if they can recover only the difference between its market value and the sum the defendants agreed to pay. And why should they, without any fault of their own, be subjected to the risk and trouble of a resale for the defendants’ benefit? Besides, it may well be that the article manufactured according to order may have no market value, and would be worthless on the manufacturers’ hands. This engine was not made for sale in the market. It was built according to instructions given by the defendants, and, it may be presumed, for their peculiar use. The just rule, therefore, plainly is, in such a case, where the manufacturer of an article ordered has completed it, and given notice of its completion, that he should be allowed to sue for the value, and recover as its measure the contract price.””
2 later decisions quote this exact passage““Where, however, the subject-matter of the contract is a specific article to be manufactured by the vendor for the vendee, and the vendor has completed his contract, and performed all that the contract requires him to do, it is but just and fair that his damages in case of a refusal of the vendee to accept the article should be the contract price. The vendor will, of course, in such case, hold the property for the vendee. And so it has been held in a number of cases.””
1 later decision quote this exact passagee.g. Kinkead v. Lynch
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.