Smith v. Tucker’s Empirical Analysis

Citation profile

1 district · 33 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Whatever may be the reason, no case can he found in the books where the vendor has been held liable in damages to the vendee, or to third persons, for personal injuries arising from defects in the premises. “Whether this be on grounds of public policy, or because the rule of caveat emptor governs, and no warranty will be implied (Williston on Contracts, vol. 2, Sec. 926), or whether it be because the precedent negotiations are supplanted by the deed when the vendee receives it (27 R. C. L. 529), or whether the reason is to be found in the fact that the delivery of the deed practically terminates the relation of vendor and purchaser, whereas the relation of landlord and tenant is a continuing one, or whether such damages are not supposed to he within the reasonable contemplation of the parties — whatever he the reason, the fact remains.” Smith v. Tucker, 151 Tenn. 349 , 362, 270 S. W. 66 , 70.”

   2 later decisions quote this exact passage · from the majority
   e.g. Mellen v. Hartford Gas Co. · Evens v. Young