Carleton v. Jenks’s Empirical Analysis
80 F. 937 · 1897
Citation profile
4
cited by 4 later decisions
April 1922
most recently cited
4 federal appellate ·
Relationships
Relies on The Oregon · Kellogg Bridge Co. v. Hamilton · Dushane v. Benedict · The Beaconsfield · The Charles Morgan
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““After this inspection, made for the purpose of determining the question of their acceptance, and the taking the machinery away without any further requirements, we think the appellants were properly held to have been concluded from afterwards raising the question of the nonperformance of the contract. Beverly v. Coke Co., 6 Adol. & E. 829; Parker v. Palmer, 4 Barn. & Ald. 387; Bianchi v. Nash, 1 Mees. & W. 545; Norton v. Dreyfuss, 106 N. Y. 90 , 12 N. E. 428 ; Iron Co. v. Pope, 108 N. Y. 232 , 15 N. E. 335 ; Pierson v. Crooks, 115 N. Y. 539 , 22 N. E. 349 , 12 Am. St. Rep. 831 ; Studer v. Bleistein, 115 N. Y. 316 , 22 N. E. 243 , 5 L. R. A. 702 ; Hirshhorn v. Stewart, 49 Iowa, 418 . The two cases in 115 N. Y. and 22 N. E. contain very full and elaborate discussions of the law on the subject. A suggestion is made in behalf of the appellants that the appellees were skilled in their work, and that for that reason they (the appellants) were entitled to rely upon representations made by the manufacturers, that the fastening was sufficient, and that, their acceptance being founded upon a representation which turned out to be untrue, the appellants are not bound by such acceptance. We are unable, however, to find much force in this suggestion. It might have significance if the question related to the construction of the boiler itself and applied to inherent defects, or those which were not as readily observable to the other party as to the manufacturers; but the matter of the faste”
1 later decision quote this exact passage · from the majority
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.