Salzman v. Maldaver’s Empirical Analysis
1946
Citation profile
11 federal appellate · 3 state decisions
How this case has been cited
Cited by 20 later decisions — most recently April 2015
11 federal appellate · 3 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 McCray Refrigerator & Cold Storage Co. v. Woods & Zent · 91 W. Va. 456 - Leckie v. Bray · Doyle v. Kammeraad · Bayer v. Winton Motor Car Co. · Detroit Shipbuilding Co. v. Comstock
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The implied warranty of fitness is not to be extended to cases which lack the necessary conditions upon which it depends. The essence of the rule is that the contract is executory; that the particular article is not designated by the buyer; that only his need is known; that he does not undertake or is not able to determine what best supplies his needs, and therefore necessarily leaves the seller to make the determination and take the risk; and if these elements are wanting, the rule does not apply.””
2 later decisions quote this exact passage““Where the goods are bought by description from a seller who deals in goods of that description (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be of merchantable quality.””
1 later decision quote this exact passage““If the buyer has examined the goods, there is no implied warranty as regards defects which such examination ought to have revealed.””
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.