28 N.C. App. 446 - Lyon v. Ward’s Empirical Analysis
1976
Citation profile
28 state decisions
How this case has been cited
Cited by 28 later decisions — most recently December 2001 · most notably McDonald v. Mianecki (1979), 87 Wash. 2d 567 - Klos v. Gockel (1976)
28 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. · Carpenter v. Donohoe · Hartley v. Ballou · Humber v. Morton · Hinson v. Jefferson
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““. . .In relaxing the rule of caveat emptor, North Carolina has followed the developing trend in the United States which recognizes that there ought to be an implicit understanding of the parties when an agreed price is paid that the home is reasonably fit for the purpose for which it is to be used. Tavares v. Horstman, 542 P.2d 1275 (Wyo.Sup.Ct.1975); see also Humber v. Morton, 426 S.W.2d 554 (Tex.1968); Bethlahmy v. Bechtel, 91 Idaho 55 , 415 P.2d 698 (1966); Schipper v. Levitt & Son’s Inc., 44 N.J. 70 , 207 A.2d 314 (1965); Carpenter v. Donohoe, 154 Colo. 78 , 388 P.2d 399 (1964); McKeever v. Mercaldo, 3 Pa.D. & C.2d 188 (1954); and see, 25 A.L.R.3d 383 (1969) and authorities cited therein. As said in Humber v. Morton, supra [426 S.W.2d] at 562, ‘The caveat emptor rule as applied to new houses is an anachronism patently out of harmony with modern home buying practices. It does a disservice not only to the ordinary prudent purchaser but to the industry itself by lending encouragement to the unscrupulous, fly-by-night operator and purveyor of shoddy work.’ ””
2 later decisions quote this exact passage“[I]n every contract for the sale of a recently completed dwelling ... the vendor, if he be in the business of building such dwellings, shall be held to impliedly warrant to the initial vendee that, at the time of the passing of the deed or the taking of possession by the initial vendee (whichever first occurs), the dwelling, together with all its fixtures, is sufficiently free from major structural defects, and is constructed in a workmanlike manner, so as to meet the standard of workmanlike quality then prevailing at the time and place of construction; and ... this implied warranty in the contract of sale survives the passing of the deed or the taking of possession by the initial vendee.”
2 later decisions quote this exact passage““The caveat emptor rule as applied to new houses is an anachronism patently out of harmony with modern home buying practices. It does a disservice not only to the ordinary prudent purchaser, but to the industry itself by lending encouragement to the unscrupulous, fly-by-night operator and purveyor of shoddy work.””
2 later decisions 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.