express contract
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 70 U.S. 150 - Walker v. The Transportation Company · 1865Most cited · 71 citing opinions
The contract mentioned in the proviso, which can take a case out of the statute, is one made by the parties, not by custom; in other words, an express contract.
How often courts cite the case defining “express contract”
Court decisions citing the opinion that defined “express contract” — 71 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.