Nunez v. Dautel’s Empirical Analysis

Citation profile

33 federal appellate · 10 district · 82 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 132 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““No time having been specified within which the crop should he sold or the money raised otherwise, the law annexed as an incident that one or the other should be done within reasonable time, and that the sum admitted to be due should be paid accordingly. Payment was not conditional to the extent of depending wholly and finally upon the alternatives mentioned. The stipulations secured to the defendants a reasonable amount of time within which to procure, in one mode or the other, the means necessary to meet the liability. Upon the occurrence of either of the events named, or the lapse of such time, the debt became due. It could not have been the intention of the parties that if the crop were destroyed, or from any other cause could never be sold, and the defendants could not procure the money from any other source, the 'debt should never be paid. Such a result would be a mockery of justice. Hicks v. Shouse, 17 B. Mon. 487 ; Ubsdell v. Cunningham, 22 Mo. 124 . The question of reasonable time, as the case was presented, was one to be determined by the court. When the suit was instituted, more than five years had elapsed from the date of the instrument. This was much more than a reasonable time for the fulfillment of the undertaking of the defendants, and the plaintiff was entitled to recover.””

   9 later decisions quote this exact passage · from the majority
   e.g. Noyes v. Barnard · Hood v. Hampton Plains Exploration Co.

2. ““September 1, 1865. “Due Joseph Dautel or order, $1,610.66, being balance of principal and interest for four years and six months’ services. This we Will pay as soon as ihe croi) can be sold or the money raised from any other source, payable with interest. I. M. jStunez & Go.””

   3 later decisions quote this exact passage
   e.g. Hamilton v. Phoenix Ins. Co. of Hartford · Hood v. Hampton Plains Exploration Co.

3. ““The time of performance is sometimes made to depend upon the doing of some specified act other than that which the parties to the contract agree to. do or it is made to depend upon the happening of some event which the parties to the contract do not covenant to cause to happen. The tendency of the courts is to hold that unless the contract shows clearly that such an action is an express condition, the provision with reference to such act is inserted in order to fix the time of performance, but not to make the doing of such act or the happening of such event a condition precedent. If this is the intention of the parties, the fact that such act is not performed or that such event does not happen, does not discharge the contract, and the act which the parties agree to do upon the performance of such act or upon the happening of such event, is to be performed in at least a reasonable time. This principle has been applied to a promise to pay when the maker has finished a church then building; or to pay when a certain dispute is settled; or ‘as soon as the crop can be sold or the money raised from any other source.’ ””

   1 later decision quote this exact passage
   e.g. Mock v. Trustees of First Baptist Church of Newport