Shell v. Schmidt

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the breaching contractor has the burden “to affirmatively and convincingly prove that economic waste would result [and that] a substantial part of what has been done must be undone”
• noting that when a contractor intentionally deviated from the plans and specifications, notwithstanding a claimed justification for the deviation, it was not entitled to the diminution in value damage measure, as good faith compliance is one of the elements of substantial performance
• reviewing case law addressing when cost to repair, as opposed to diminution in value, is used as a measure of damage, and holding that burden was on defendant to establish that award of cost of repair was so economically wasteful as to warrant award of diminution in value

Source: CourtListener parenthetical corpus (CC0).

Cited by

24 cases in this archive cite this case; the 20 most cited are listed.

• Glendale Federal Savings & Loan Ass'n v. Marina View Heights Development Co.
  California Court of Appeal· 1977-01-20· cited 159×
• Harrison v. McMillan
  Mississippi Supreme Court· 2002-10-10· cited 59×
• H.L.C. & Associates Construction Company, Inc. v. The United States
  Court of Claims· 1966-06-10· cited 49×
• Jones v. Kvistad
  California Court of Appeal· 1971-09-03· cited 36×
• Blecick v. School District No. 18 of Cochise County
  Court of Appeals of Arizona· 1965-10-20· cited 35×
• Bayuk v. Edson
  California Court of Appeal· 1965-08-03· cited 27×
• Kitchel v. Acree
  California Court of Appeal· 1963-05-14· cited 24×
• MURRAY'S IRON WORKS, INC. v. Boyce
  California Court of Appeal· 2008-01-15· cited 23×
• First National Bank of Omaha v. Centennial Park, LLC
  Court of Appeals of Kansas· 2013-03-22· cited 23×
• Gerodetti v. Broadacres, Inc.
  Mississippi Supreme Court· 1978-09-20· cited 17×
• LoBue v. State ex rel. Department of Highways
  Nevada Supreme Court· 1976-09-17· cited 17×
• 1st Olympic Corp. v. Hawryluk
  California Court of Appeal· 1960-10-31· cited 13×
• Belts v. State ex rel. Department of Highways
  Idaho Supreme Court· 1964-01-31· cited 13×
• Kangas v. Trust
  Appellate Court of Illinois· 1982-10-27· cited 11×
• Patrick J. Ruane, Inc. v. Parker
  California Court of Appeal· 1960-10-20· cited 11×
• Commercial Cabinet Co. v. Mort Wallin of Lake Tahoe, Inc.
  Nevada Supreme Court· 1987-05-29· cited 9×
• Bause v. Anthony Pools, Inc.
  California Court of Appeal· 1962-07-13· cited 6×
• Tolstoy Constructor Co. v. Minter
  California Court of Appeal· 1978-02-07· cited 5×
• Civic Center Drive Apartments Ltd. Partnership v. Southwestern Bell Video Services
  N.D. California· 2003-11-19· cited 5×
• Montara Owners Ass'n v. La Noue Development, LLC
  Court of Appeals of Oregon· 2013-12-04· cited 5×

Cites

11 cases in this archive are cited by this case.

• Shell v. Schmidt
  California Court of Appeal· 1954-06-29· cited 68×
• Perry v. Quackenbush
  California Supreme Court· 1894-12-31· cited 44×
• Seely v. Alden
  Supreme Court of Pennsylvania· 1869-03-11· cited 37×
• HP Droher & Sons v. Toushin
  Supreme Court of Minnesota· 1957-10-04· cited 26×
• Walsh v. Cornwell
  Massachusetts Supreme Judicial Court· 1930-10-02· cited 25×
• Bigham v. Wabash-Pittsburg Terminal Railway Co.
  Supreme Court of Pennsylvania· 1909-01-04· cited 17×
• Henderson v. Oakes Waterman, Builders
  California Court of Appeal· 1941-05-01· cited 9×
• Rowe v. Gerry
  Appellate Division of the Supreme Court of New York· 1906-04-20· cited 8×
• Walter v. Hangen
  Appellate Division of the Supreme Court of New York· 1902-04-15· cited 6×
• Hansen v. Andersen
  Supreme Court of Iowa· 1955-09-20· cited 5×
• Bellizzi v. Huntley Estates, Inc.
  Appellate Division of the Supreme Court of New York· 1955-12-19· cited 2×