Eakin v. Scott’s Empirical Analysis

Citation profile

4 federal appellate · 88 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 94 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Is to act as a forfeiture and be forfeited by the said Bakin in the event he abandons this trade.””

   2 later decisions quote this exact passage
   e.g. Jones v. Mays · Williams v. Beasley

2. ““If it had been intended that the note should be held merely to cover the actual damages, after the use of language expressive of that meaning, why were these additional emphatic words inserted? In order to enable the plaintiffs to recover their actual damages for the breach of the agreement no provision naming any sum was necessary. The right to recover damages for its breach is implied in every contract. Applying the rule of construction that effect must be given to all the language used in the contract, when it can consistently be' done, we conclude that the provision in the contract in controversy was to be construed as a stipulation for liquidated damages, and not as a mere penalty.””

   1 later decision quote this exact passage
   e.g. Jones v. Mays

3. ““The courts strongly incline to treat all agreements to pay a lump sum, in case of the failure to perform the terms of a contract, as a mere penalty, and in- all doubtful instances to allow a recovery only for the actual damages.””

   1 later decision quote this exact passage
   e.g. Britton v. Cotton States Petroleum Co.