Humber v. Morton’s Empirical Analysis

Citation profile

1 district · 104 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 111 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The caveat emptor rule as applied to new houses is an anachronism patently out of harmony with modern home buying practices. It does a disservice not only to the ordinary prudent purchaser but to the industry itself by lending encouragement to the unscrupulous, fly-by-night operator and purveyor of shoddy work.””

   13 later decisions quote this exact passage
   e.g. Melody Home Manufacturing Co. v. Barnes · Buecher v. Centex Homes

2. “The purchase of a home is not an everyday transaction for the average family, and in many instances is the most important transaction of a lifetime. To apply the rule of caveat emptor to an inexperienced buyer, and in favor of a builder who is daily engaged in the business of building and selling houses, is manifestly a denial of justice.”

   6 later decisions quote this exact passage
   e.g. 70 N.C. App. 21 - Gaito v. Auman · Centex Homes v. Buecher

3. “"It may be assumed for the purpose of decision that the doctrine of caveat emptor applies generally to sales of real property ... There is, however, a notable lack of harmony in decisions as to the existence of an implied warranty of fitness upon the sale of a new house or one to be erected or in the course of erection. "In the 1963 edition of Williston on Contracts, . .. The author says: `Over the years, the number of cases which apply the rule of caveat emptor strictly appears to be diminishing, while there is a distinct tendency to depart therefrom, either by way of interpretation, or exception, or by simply refusing to adhere to the rule where it would work injustice... . It would be much better if this enlightened approach were generally adopted with respect to the sale of new houses for it would tend to discourage much of the sloppy work and jerry-building that has become perceptible over the years.' Williston on Contracts, 3rd. Ed., § 926A. * * * * * * "We conclude that where in the sale of a new house the vendor is also a builder of houses for sale there is an implied warranty of reasonable workmanship and habitability surviving the delivery of deed. The builder is not required to construct a perfect house and in determining whether a house is defective the test is reasonableness and not perfection."”

   2 later decisions quote this exact passage
   e.g. 258 So. 2d 11 - Gable v. Silver · McDonald v. Mianecki