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← 104 N.C. App. 240 - Baker v. Rushing

104 N.C. App. 240 - Baker v. Rushing’s Empirical Analysis

1991

Citation profile

46
cited by 46 later decisions
2
states following
January 2026
most recently cited

3 federal appellate · 33 state decisions

How this case has been cited

Cited by 46 later decisions — most recently January 2026 · most notably Weiss McGahren v. First Citizens Bank & Trust Company (1997), 150 N.C. App. 305 - Horack v. Southern Real Estate Co. of Charlotte, Inc. (2002)

3 federal appellate · 33 state decisions

2201991200020102020decided

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 Veazey v. City of Durham · Goldston v. American Motors Corp. · Bernick v. Jurden · 88 N.C. App. 1 - J & B Slurry Seal Co. v. Mid-South Aviation, Inc. · 93 N.C. App. 20 - Davidson v. Knauff Insurance Agency, Inc.

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

  1. “The [Residential Rental Agreements] Act defines a landlord as: “any owner and any rental management company, rental agency, or any other person having the actual or apparent authority of an agent to perform the duties imposed by this Article.” [N.C. Gen. Stat.] § 42-40(3) (1984). This broad, statutory definition of landlord makes irrelevant in determining the liability of an agent the common law distinction between disclosed and undisclosed principals. . . . See Allen v. Standard Crankshaft & Hydraulic Co., 210 F. Supp. 844 (W.D.N.C. 1962), aff’d, 323 F.2d 29 (4th Cir. 1963) (where the General Assembly has legislated with respect to the subject matter of a common law rule, the statute supplants the common law with respect to the particular rule).”
    1 later decision quote this exact passage
  2. “[Dissolution of itself has no effect on existing liabilities of the partnership. If it did, partners could escape their obligations by dissolving. [The statute] provides that upon dissolution, the partnership is not terminated, but continues until the winding up of partnership affairs is completed. In other words, dissolution designates the point in time when the partners cease to carry on the business together; termination is the point in time when all the partnership affairs are wound up, winding up [meaning] the process of settling partnership affairs after dissolution.”
    1 later decision quote this exact passage
  3. “Because the trial court's award of summary judgment is for fewer than all defendants, it is an interlocutory order as it 'does not dispose of the case, but leaves it for further action for the trial court in order to settle and determine the entire controversy.'”
    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.