171 W. Va. 110 - Thacker v. Tyree’s Empirical Analysis
1982
Citation profile
2 federal appellate · 29 state decisions
How this case has been cited
Cited by 34 later decisions — most recently April 2015 · most notably Layman v. Binns (1988), 480 So. 2d 625 - Johnson v. Davis (1985)
2 federal appellate · 29 state decisions
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 Schipper v. Levitt & Sons, Inc. · 76 Ill. 2d 31 - Petersen v. Hubschman Construction Co. · 213 Cal. App. 2d 729 - Lingsch v. Savage · ELDERKIN Et Ux. v. Gaster · Carpenter v. Donohoe
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Where a vendor is aware of defects or conditions which substantially affect the value or habitability of the property and the existence of which are unknown to the purchaser and would not be disclosed by a reasonably diligent inspection, then the vendor has a duty to disclose the same to the purchaser. His failure to disclose will give rise to a cause of action in favor of the purchaser.”
8 later decisions quote this exact passage““Many courts have concluded that as to the builder-vendor of a home there is an implied warranty of fitness or habitability in connection with the sale of a home and have thereby excluded the applicability of the doctrine of caveat emptor to such sales. E.g., Wawak v. Stewart, 247 Ark. 1093 , 449 S.W.2d 922 (1970); Pollard v. Saxe & Yolles Dev. Co., 12 Cal.3d 374 , 525 P.2d 88 , 115 Cal.Rptr. 648 (1974); Carpenter v. Donohoe, 154 Colo. 78 , 388 P.2d 399 (1964); Bethlahmy v. Bechtel, 91 Idaho 55 , 415 P.2d 698 (1966); Petersen v. Hubschman Construction Co., Inc., [ 76 Ill.2d 31 ], 27 Ill.Dec. 746 , 389 N.E.2d 1154 (1979); Crawley v. Terhune, 437 S.W.2d 743 (Ky.1969); Banville v. Huckins, 407 A.2d 294 (Me.1979); McDonald v. Mianecki, 79 N.J. 275 , 398 A.2d 1283 (1979); Schipper v. Levitt & Sons, Inc., 44 N.J. 70 , 207 A.2d 314 (1965); Hartley v. Ballou, 20 N.C.App. 493 , 201 S.E.2d 712 (1974), rev’d on other grounds, 286 N.C. 51 , 209 S.E.2d 776 ; Jeanguneat v. Jackie Hames Constr. Co., 576 P.2d 761 (Okla.1978); Yepsen v. Burgess, 269 Or. 635 , 525 P.2d 1019 (1974); Elderkin v. Gaster, 447 Pa. 118 , 288 A.2d 771 (1972); Lane v. Trenholm Bldg. Co., 267 S.C. 497 , 229 S.E.2d 728 (1976); Waggoner v. Midwestern Dev., Inc., 83 S.D. 57 , 154 N.W.2d 803 (1967); Klos v. Gockel, 87 Wash.2d 567 , 554 P.2d 1349 (1976). However, this theory is not asserted in this case.””
1 later decision quote this exact passage“[f]raud is the concealment of the truth, just as much as it is the utterance of a falsehood.”
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.