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← 479 So. 2d 1029 - Hebert v. McDaniel

479 So. 2d 1029 - Hebert v. McDaniel’s Empirical Analysis

1985

Citation profile

14
cited by 14 later decisions
1
states following
May 2013
most recently cited

1 federal appellate · 12 state decisions

How this case has been cited

Cited by 14 later decisions — most recently May 2013

1 federal appellate · 12 state decisions

501985199020002010decided

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 Airco Refrigeration Service, Inc. v. Fink · Unverzagt v. Young Builders, Inc. · Wurst v. Pruyn · 313 So. 2d 286 - Neel v. O'QUINN · Neel v. O'Quinn

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

  1. “"If an undertaker fails to do the work he has contracted to do, or if he does not execute it in the manner and at the time he has agreed to do it, he shall be liable in damages for the losses that may ensue from his non-compliance with his contract."”
    3 later decisions quote this exact passage
  2. “Three major factors are used to determine whether or not a contract is one of sale or one to build: (1) The buyer has some control over the specifications of the object, (2) the negotiations generally take place before the object is constructed, and (3) the parties contemplate that one of them will supply the materials and his skill and labor in order the construct the specified object.”
    1 later decision quote this exact passage
  3. “Under Louisiana law, if the defects are such that they cannot be corrected except by removing and replacing the construction, the owner may require the contractor to remove the object from his land and restore the premises to its prior condition. Additionally, the owner is entitled to damages.”
    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.