Public-domain · open source
OpenJurist
← 372 So. 2d 321 - Capra v. Smith

372 So. 2d 321 - Capra v. Smith’s Empirical Analysis

1979

Citation profile

11
cited by 11 later decisions
8
states following
October 2009
most recently cited

11 state decisions

How this case has been cited

Cited by 11 later decisions — most recently October 2009

11 state decisions

801979198019902000decided

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 Cochran v. Keeton · 87 Wash. 2d 567 - Klos v. Gockel · 47 Ala. App. 194 - Cochran v. Keeton · 372 So. 2d 317 - Capra v. Smith

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

  1. ““the critical question is whether the construction and sale was commercial rather than casual or personal in nature. Cf. Klos v. Gockel, 87 Wash.2d 567 , 554 P.2d 1349 (1976). Thus a builder-vendor is just as liable for his first house as his one hundredth. Similarly, a part-time builder stands on equal footing with the corporate developer of tract housing. Such a rule naturally flows from the avowed purpose of the implied warranty of habitability, to inhibit the unscrupulous, fly-by-night, or unskilled builder and ‘to discourage much of the sloppy work and jerry building that has become perceptible over the years.’ Cochran v. Keeton, 47 Ala.App. [194] at 198, 252 So.2d [307] at 310 [1970], quoting, Williston on Contracts, Vol. 7, § 926, 3d ed. 1963.” 372 So.2d at 323 .”
    3 later decisions quote this exact passage · from the majority

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.