246 Cal. App. 2d 87 - Klein v. Asgrow Seed Co.’s Empirical Analysis
1966
Citation profile
4 federal appellate · 2 district · 42 state decisions
How this case has been cited
Cited by 56 later decisions — most recently December 2023 · most notably 14 Cal. 3d 104 - Hauter v. Zogarts (1975), A & M PRODUCE CO. v. FMC Corp. (1982)
4 federal appellate · 2 district · 42 state decisions — followed in 11 states
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 63 Cal. 2d 9 - Seely v. White Motor Co. · 60 Cal. 2d 92 - Tunkl v. Regents of University of California · Santor v. a & M KARAGHEUSIAN, INC. · 42 Cal. 2d 682 - Burr v. Sherwin Williams Co. · Lewis & Queen v. N. M. Ball Sons
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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Civil Code section 1668 is buttressed by another statement of legislative policy. Agricultural Code section 914 [new section 52482] provides in part: “It is unlawful to ship, deliver, transport, or sell any agricultural or vegetable seed within this State: ... (4) Having a false or misleading labeling, or pertaining to which there has been a false or misleading advertisement.””
2 later decisions quote this exact passage“It is urged that the newly-adopted Uniform Commercial Code negates liability in a seed manufacturer under the facts of this case. Since the Commercial Code is inapplicable to these sales, we might avoid answering that argument. As we view it, however, the Commercial Code does not curtail, in any respect we have noted, liability imposed by its predecessor (the Uniform Sales Act) upon sellers for breaches of warranty nor extend their power to disclaim or limit liability for such breaches. The Commercial Code neither expressly nor impliedly repeals Civil Code, section 1668 . . . . [footnote omitted].”
1 later decision quote this exact passage“All contracts which have for their object, directly or indirectly, to exempt anyone from responsibility for his own fraud, or willful injury to the person or property of another, or violation of law, whether willful or negligent, are against the policy of the law.”
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.