Gill v. Pollert’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A contractor may attach a mechanic's lien to real estate in order to recover his wages and costs. Ind.Code § 32-28-3-1 et seq. Before this lien may attach, however, "it is necessary that such materials should be furnished or labor performed by the authority and direction of the owner, and something more than mere inactive consent on the part of such owner is necessary in order that such lien may be acquired against him." Woods v. Deckelbaum, 244 Ind. 260, 264 , 191 N.E.2d 101, 102 (1963) (quoting Courtney v. Luce, 101 Ind.App. 622, 626 , 200 N.E. 501, 503 (1936)) (emphasis added). "The consent must be more than inactive or passive consent, and the lien claimant's burden to prove active consent is especially important when the improvements are requested by someone other than the landowner." Cho v. Purdue Research Found., 803 N.E.2d 1161, 1168 (Ind.Ct.App.2004); Stern & Son, Inc., v. Gary Joint Venture, 530 N.E.2d 306, 308 (Ind.Ct.App.1988). Additionally, a court may consider "how closely the improvements in question resemble a directly bargained-for benefit." Stern, 530 N.E.2d at 309 .”

   1 later decision quote this exact passage
   e.g. Quality Foods, Inc. v. Holloway Associates Professional Engineers & Land Surveyors, Inc.

2. “The exact nature and content of the owner's active consent in this context will vary from case to case; however, case law makes clear that the focus is not only on the degree of the owner's active participation in the decisions and the actual construction. Instead, the fo cus is also on how closely the improvements in question resemble a directly bargained-for-benefit.”

   1 later decision quote this exact passage
   e.g. Quality Foods, Inc. v. Holloway Associates Professional Engineers & Land Surveyors, Inc.

3. “well recognized general rule, that where one person assumes to act as agent of another, but without authority to do so, he makes himself personally liable as a principal in the transaction.”

   1 later decision quote this exact passage
   e.g. Quality Foods, Inc. v. Holloway Associates Professional Engineers & Land Surveyors, Inc.