Saunders v. Short’s Empirical Analysis
86 F. 225 · 1898
Citation profile
4 federal appellate ·
How this case has been cited
Cited by 5 later decisions — most recently April 1961
4 federal appellate ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Smith v. . Brady · Catlin v. . Tobias · Avery v. . Willson · Jennings v. Lyons · Richards v. Shaw
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In respect to the effect of the acceptance of a delivery of a part of personal property contracted for under an entire contract the American cases are conflicting. In some of the states it has been held that nothing can be recovered for part-performance of an entire contract unless full performance was waived or prevented. Champlin v. Rowley, 18 Wend. (N. Y.) 194 ; Smith v. Brady, 17 N. Y. 173 , 72 Am. Dec. 442 ; Catlin v. Tobias, 26 N. Y. 217 , 84 Am. Dec. 183 ; Jennings v. Lyons, 39 Wis. 553 , 20 Am. Rep. 57 ; Mill Co. v. Westervelt, 67 Me. 449 . In Avery v. Willson, 81 N. Y. 341 , 37 Am. Rep. 503 , however, it was held that, if the vendee evinces by his acts a waiver of a cornplete delivery, by the receipt and appropriation to his own use of a portion of the goods contracted for, he thereby becomes liable to pay for what was actually delivered. The modem American rule seems to be that a party who has failed to perform in full his contract for the sale and delivery of personal property may recover compensation for the part actually delivered and received thereunder, less the damages occasioned by his failure to make the complete delivery. Many of the cases establishing this principle will be found cited in note 19, § 1,032, 2 Benj. Sales. In Richards v. Shaw, 67 Ill. 222 , in which the contract was to deliver 500 bushels of corn at a specified price per bushel, and the seller delivered only 391 bushels, for which he brought suit, the court said that, if the vendee received”
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.