Barnard v. Kellogg’s Empirical Analysis

Citation profile

38 federal appellate · 18 district · 77 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 181 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The proper office of a custom or usage in trade is to ascertain and explain the meaning and intention of the parties to a contract, whether written or in parol, which could not be done without the aid of this extrinsic evidence. It does not go beyond this, and is used as a mode of interpretation on the theory that the parties knew of its existence, and contracted with reference to it. It is often employed to explain words or phrases in a contract of doubtful signification, or which may be understood in different senses, according to the subject-matter to which they are applied. But if it b.e inconsistent with the contract, or expressly or by necessary implication contradicts it, it cannot be received in evidence to affect it. ‘Usage,’ says Lord Lyndhurst, ‘may be admissible to explain what is doubtful. It is never admissible to contradict what is plain.’ And it is well settled that usage cannot be allowed to subvert the settled rules of law.””

   15 later decisions quote this exact passage
   e.g. Grace v. American Central Insurance · Kellogg Bridge Co. v. Hamilton

2. “The parties negotiated on the basis of caveat emptor, and contracted accordingly.”

   1 later decision quote this exact passage · from the majority
   e.g. Donna Brenner v. National Casualty Company