Nine v. Henderson’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “At the closing, which Nine attended accompanied by his attorney, Henderson furnished Nine with three wood infestation reports. These reports were made the day after the parties signed the contract of sale by the same termite inspector who made the May inspection. They separately detailed inspections that the termite inspector made of the three improvements located on the subject property. They also set forth the inspector’s conclusions regarding the presence of termites and other wood-destroying insects in each of the buildings: The report relating to the house expressly noted there had been a previous infestation of termites and there was evidence of prior termite treatment.... The report cautioned “[t]here is possible hidden old termite damage to the inside walls.” A graph attached to the report concerning the house advised of “subterranean termites,” “probable hidden damage,” and “possible hidden termite damage in walls.” The report relating to the cottage also cautioned “[t]here is possible hidden termite damage behind the kitchen cabinets from previous infestation and along [the] baseboard by window.” A graph attached to this report advised of “subterranean termites,” “probable hidden damage,” and “probable hidden old termite damage behind [the] kitchen cabinets and baseboard.” All three reports counseled Nine: If there is evidence of active or past infestation of termites ..., it must be assumed that there is some damage to the building caused by this infestation. ... [”

   1 later decision quote this exact passage
   e.g. Dixon v. Ford

2. “We also agree, however, with the trial court that Nine, under the circumstances here, had no reasonable right to rely on Henderson’s representations regarding the extent of termite damage to the building in question. See Bostick v. Orkin Exterminating Co., Inc., 806 F.2d 504, 508-09 (4th Cir.1986) (construing South Carolina law and holding a purchaser of a home infested by powder post beetles had no right to rely on favorable answers on a wood infestation report given the purchaser at the closing where the purchaser elected to close and failed to comply with a recommendation in the report and a South Carolina regulation that he investigate for structural damage).”

   1 later decision quote this exact passage
   e.g. Dixon v. Ford