Brown v. . Ward’s Empirical Analysis

Citation profile

37 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[i]f [plaintiff was] unwilling to do the work and furnish the material upon . . . credit and intended to look to the security provided by statute, ordinary prudence required that [plaintiff] exercise that degree of diligence «which would enable them to ascertain the status of the title to the land upon which the building was to be erected and to obtain the approval or procurement of the owners. Their loss must be attributed to their failure so to do.”

   3 later decisions quote this exact passage
   e.g. 210 N.C. App. 338 - Pete Wall Plumbing Co. v. Sandra Anderson Builders, Inc. · 215 N.C. App. 220 - Pete Wall Plumbing Co. v. Sandra Anderson Builders, Inc.

2. ““In order to create a lien in favor of a person who builds a house upon the land of another the circumstances must be such as to first create the relationship of debtor and creditor, and then it is for the debt that he has a lien. The lien does not exist without a contract. [Citations] “ ‘The law seems to be settled in this State that there must be a debt due from the owner of the property before there can be a lien. The debt is the principal, the basis, the foundation upon which the lien depends. The lien is but an incident, and cannot exist without the principal.’ [Citations] And a debt contracted is a debt agreed to be paid. [Citations] “The debt must be such as would entitle the claimant to a personal judgment for the amount due. [Citation]””

   1 later decision quote this exact passage
   e.g. 7 N.C. App. 333 - Leffew v. Orrell

3. “In the absence of any agreement between the parties there is no obligation on the part of the lessor to pay the lessee for improvements erected by the lessee upon the demised premises, though the improvements are such that by reason of their annexation to the freehold they become a part of the. realty and cannot be moved by the lessee. Brown v. Ward, 221 N.C. 344 , 20 S.E. 2d 324, at 326 .”

   1 later decision quote this exact passage
   e.g. Greeman v. Smith