31 Colo. App. 475 - Utz v. Moss’s Empirical Analysis
1972
Citation profile
17 state decisions
How this case has been cited
Cited by 17 later decisions — most recently November 2020
17 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 Carpenter v. Donohoe · 30 Colo. App. 575 - Wright v. Creative Corporation · H. B. Bolas Enterprises, Inc. v. Zarlengo · 28 Colo. App. 29 - Shiffers v. Cunningham Shepherd Builders Co. · 301 F. Supp. 513 - Krause v. Sud-Aviation, Societe Nationale De Constructions Aeronautiques
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[T]he absence or presence of privity of contract, in the technical ifteaning of that term, is not dis-positive of all cases. [Citation] The basis of the privity rule is to protect sellers from buyers who are not within the class of those reasonably intended to be protected when the product was offered for sale. [Citation] By so considering the rule we agree with the decision in Bolas that purchasers of used homes should not be protected by the original warranty. However, where, as in the case before us, the construction company knows, or should know, that the intended purchaser and first occupant will not be the realty company, but rather the initial home owner, the implied warranty of workmanlike construction extends to that first purchaser. Therefore we hold that (the defendant builder) was responsible to plaintiffs on an implied warranty [Citation].””
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.