44 N.C. App. 615 - Cockerham v. Ward’s Empirical Analysis
1980
Citation profile
3 federal appellate · 2 district · 53 state decisions
How this case has been cited
Cited by 70 later decisions — most recently June 2018 · most notably DeWitt v. Eveready Battery Co., Inc. (2002), 116 N.C. App. 448 - Bryant v. Adams (1994)
3 federal appellate · 2 district · 53 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 Zimmerman v. Hogg & Allen, Professional Ass'n · Moore v. Fieldcrest Mills, Inc. · Singleton v. Stewart · Tennessee-Carolina Transportation, Inc. v. Strick Corp. · 9 N.C. App. 635 - Pridgen v. Hughes
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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[F]irst that the goods bought and sold were subject to an implied warranty of merchantability; second, that the goods did not comply with the warranty in that the goods were defective at the time of sale; third, that the injury was due to the defective nature of the goods; and fourth, that damages were suffered as a result. . . . The burden is upon the purchaser to establish a breach by the seller of the warranty of merchantability by showing that a defect existed at the time of the sale.”
6 later decisions quote this exact passage“(A) retailer who purchases from a reputable manufacturer and sells the product under circumstances where he is a mere conduit of the product is under no affirmative duty to inspect or test for a latent defect, and, therefore, liability cannot be based on a failure to inspect or test in order to discover such defect and warn against it.”
2 later decisions quote this exact passage“(a) pass without objection in the trade under the contract description; and (b) in the case of fungible goods, [be] of fair average quality within the description; and (c) [be] fit for the ordinary purposes for which such goods are used; and (d) run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and (e) [be] adequately contained, packaged, and labeled as the agreement may require; and (f) conform to the promises or affirmations of fact made on the container or label if any.”
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.