38 N.C. App. 644 - Marshall v. Keaveny’s Empirical Analysis

Citation profile

14 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We are well aware that the point at which reliance ceases to be reasonable and becomes such negligence and inattention that it will, as a matter of law, bar recovery is difficult to determine and, in close cases, should be resolved in favor of the party alleging reasonable reliance upon fraudulent misrepresentations. Johnson v. Owens, 263 N.C. 754 , 140 S.E.2d 311 (1965). Nevertheless, ‘The right to rely on representations is inseparably connected with the correlative problem of the duty of a representee to use diligence in respect of representations made to him.’ Calloway v. Wyatt, 246 N.C. 129, 134 , 97 S.E.2d 881, 886 (1957). If the party seeking to bring an action for fraud based upon misrepresentations of a seller has not reasonably relied upon those representations, he has no claim upon which relief can be granted. Cofield v. Griffin, 238 N.C. 377 , 78 S.E.2d 131 (1953).””

   1 later decision quote this exact passage
   e.g. Asleson v. West Branch Land Co.

2. “The plaintiff here did not rely upon the representations of Hannon or any other representations to such extent as to forgo making his own investigation of the interior of the house which he proposed to purchase. It must be assumed that he possessed the necessary skills to make any measurements which he deemed material during the course of his investigation. There is no indication from the record on appeal that the plaintiff was any less able to make a determination as to square footage than Hannon or that any representation was made to him which caused him to reasonably forgo measuring the house and computing its square footage if he felt it was a material matter.”

   1 later decision quote this exact passage
   e.g. Ex Parte Leo

3. “Absent facts to the contrary made known to the seller at the time of his representations as to the square footage of a house to be sold, the seller is entitled at this point in the history of public education to assume that his prospective buyer possesses the mathematical skills required for determining the square footage contained in the house. The seller is also entitled to assume that its buyer will make such determination during his actual inspection of the house if he believes it material.”

   1 later decision quote this exact passage
   e.g. 764 F. Supp. 379 - John v. Robbins