Hanley v. Walker’s Empirical Analysis

Citation profile

30 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ When a person contracts with another to build, or to do some portion of the work in constructing buildings, upon real estate belonging to the owner of such real estate, his taking possession after the other has left the premises cannot be construed as an unequivocal acceptance, although he thereby takes possession of, and appropriates to his use and benefit, the labor or materials of the contractor. He must do so, as a matter of necessity, in many cases, or suffer the property to stand idle and unused, to the great detriment of all parties, and especially so of the owner. The most that can be said, in such cases, is that the act of the party, and all the circumstances, may be taken into consideration in the determination of the question whether there is an implied waiver of the condition precedent.””

   2 later decisions quote this exact passage
   e.g. Unruh v. Dewolf · Gier v. Daiber

2. ““When parties capable of contracting have deliberately entered into a written agreement, in which, by Ml just rules of construction, the certificate of the architects is made a condition precedent to a right of action, such condition must be performed, or its requirements waived.””

   1 later decision quote this exact passage
   e.g. Guthat v. Gow