Public-domain · open source
OpenJurist
← 91 F.1d 345 - Roehm v. Horst

Roehm v. Horst’s Empirical Analysis

91 F. 345 · 1898

Citation profile

6
cited by 6 later decisions
1
states following
April 1925
most recently cited

1 federal appellate · 2 district · 1 state decisions

How this case has been cited

Cited by 6 later decisions — most recently April 1925

1 federal appellate · 2 district · 1 state decisions

401898190019101920decided

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 Dingley v. Oler · Anvil Mining Co. v. Humble · Hinckley v. Pittsburgh Bessemer Steel Co. · Boston Ice Co. v. Potter · Campbellsville Lumber Co. v. Bradlee & Wiggins

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

  1. ““As to the question of damages, if the action is not premature, the rule is applicable that plaintiff is entitled to compensation based, as far as possible, on the ascertainment of what he would have suffered by the continued breach of the other party down to the time of complete performance, less any abatement by reason of circumstances of which he ought reasonably to have availed himself. If a vendor is to manufacture goods, and during the process of manufacture the contract is repudiated, he is not bound to complete the manufacture and estimate his damages by the difference between the market price and the contract price, but. the measure of damages is the difference between the contract price and the cost of performance. Even if in such cases the manufacturer actually obtains his profits before the time fixed for performance and recovers on a basis of cost which might have been increased or diminished by subsequent events, the party who broke the contract before the time for complete performance cannot complain, for he took the risk involved in such anticipation, if the vendor has to buy instead of to manufacture, the same principle prevails, and he may show what was the value of the contract by showing for what price he could have made subcontracts, just as the cost of manufacture in the case of a manufacturer may be shown. * * * In this case plaintiff showed at what prices they could have made said contracts for forward deliveries according to the contracts in suit and ”
    1 later decision quote this exact passage

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.