Codner v. Arellano’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “There is little case law regarding implied warranties. It is well settled that a builder of a residential house impliedly warrants that the house will be constructed in a good-and-workmanlike manner. Further, an implied warranty to perform services to repair or modify existing tangible property in a good-and-workmanlike manner may arise under the common law if mandated by public policy. Although we are here confronted with a service transaction, we find no case that implies a warranty of good- and-workmanlike performance from a builder’s subcontractor directly to the homeowner.”

   1 later decision quote this exact passage · from the concurrence
   e.g. J.M. Krupar Construction Co. v. Rosenberg

2. “[T]o be actionable under the DTPA’s prohibition on breaching implied or express warranties, a warranty must be recognized by common law or created statutorily. An implied warranty will hot be imposed unless there is a demonstrated, compelling need for it. It is not necessary to impose an implied warran ty as a matter of public policy if the plaintiff has other adequate remedies to redress the alleged wrongs committed by the defendant.”

   1 later decision quote this exact passage · from the concurrence
   e.g. J.M. Krupar Construction Co. v. Rosenberg