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← 246 La. 777 - Stack v. Irwin

Stack v. Irwin’s Empirical Analysis

1964

Citation profile

35
cited by 35 later decisions
1
states following
April 2013
most recently cited

31 state decisions

How this case has been cited

Cited by 35 later decisions — most recently April 2013 · most notably 664 So. 2d 1183 - Amend v. McCabe (1995), 368 So. 2d 984 - Hall v. Arkansas-Louisiana Gas Co. (1979)

31 state decisions

140196419701980199020002010decided

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 Radalec, Incorporated v. Automatic Firing Corp. · Neville v. State · Fisher v. City Sales and Service · Bornemann v. Richards · 11 La. App. 541 - Stracener v. Nunnally Bros. MoTor Co.

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

  1. “The error in the cause of a contract to have the effect of invalidating it, must be on the principal cause, when there are several; this principal cause is called the motive, and means that consideration without which the contract would not have been made.”
    4 later decisions quote this exact passage
  2. “"the break in the foundation slab underlying the entire structure is a serious, latent defect ... it is attended by an abnormal variation in floor elevation. Such a break in the slab is quite different from the hairline, surface cracks in terrazzo floors, which frequently appear. To eliminate the break requires replacement of the slab, a major operation. To leave it makes difficult the repair of the floor cracks over it and increases, at least in some degree, the risk of moisture permeation. A reasonable inference arises that the contract would not have been made if the facts had been known. We find error relating to the principal cause of the contract that warrants a rescission of the contract and a return of the deposit." 246 La. at 786 , 167 So.2d at 366 .”
    1 later decision quote this exact passage
  3. ““The codal articles on redhibition deal specifically with sales. These provisions set forth special rules relating to error in the cause of completed sales. As we recently held, these articles do not apply to a contract to sell. However, if at the time of the present contract, the residence contained a latent defect of such a nature as to induce error relating to the known, principal cause of the contract, then it is a proper one for rescission.””
    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.