Crimp v. McCormick Const. Co.’s Empirical Analysis
71 F. 356 · 1896
Citation profile
1
cited by 1 later decisions
March 1896
most recently cited
1 federal appellate ·
Relationships
Relies on Russell v. Southard
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.
““Now, let us see in what sort of a hole this conclusion puts the court. We take the court at its word. It is no use to say that there is not a sentence, a line, a word, or a syllable of this contract that points to a conditional sale of the stock, or of a sale with an agreement to repurchase at the same price- or any other price. No matter for tills. The court wipes out the old con- ■ ract and constructs a new one. The proposition is that McCormick sold his s oek (126 shares) to Crimp for if25,200, paid to the construction company upon the condition that Crimp should sell it hack to McCormick at the same price, McCormick (not the construction company, that received the money) agreeing' to repurchase at that price, provided the other parts of the agreement were duly performed; that is, McCormick agreed io repurchase, if he and the construction company, who were together the first party to the contract, did as they agreed to do, and if they did not perform the contract on their part, and, hy their failure to perform, destroyed the value of the stock, then McCormick would not be bound to repurchase. McCormick and -the construction company did in every tiling fail to perform, and utterly abandoned the execution of the drainage contract, and therefore no obligation to repurchase the worthless stock or to refund the money to Mr. Crimp rests upon anybody. * * * There are some things which the members of the profession can bear patiently, treat respectfully, and discuss with good tem”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
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