49 N.C. App. 488 - Howell v. Fisher’s Empirical Analysis
1980
Citation profile
2 federal appellate · 106 state decisions
How this case has been cited
Cited by 124 later decisions — most recently November 2022 · most notably Barger v. McCoy Hillard & Parks (1997), Raritan River Steel Co. v. Cherry, Bekaert & Holland (1988)
2 federal appellate · 106 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 Ultramares Corp. v. Touche · Glanzer v. . Shepard · Snyder v. Freeman · Sutter v. General Petroleum Corp. · 41 N.C. App. 661 - Davidson & Jones, Inc. v. County of New Hanover
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 124 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) One who, in the course of his business, profession or employment, or in any other transaction in which he has a pecuniary interest, supplies false information for the guidance of others in their business transactions, is subject to liabili ty for pecuniary loss caused to them by their justifiable reliance upon the information, if he fails to exercise reasonable care or competence in obtaining or communicating the information. (2) ... [T]he liability stated in Subsection (1) is limited to loss suffered (a) by the person or one of a limited group of persons for whose benefit and guidance he intends to supply the information or knows that the recipient intends to supply it; and (b) through reliance upon it in a transaction that he intends the information to influence or knows that the recipient so intends or in a substantially similar transaction.”
4 later decisions quote this exact passage““It is well settled in North Carolina that where a contract between two parties is intended for the benefit of a third party, the latter may maintain an action in contract for its breach. . . .” [Citations omitted.] An intended beneficiary, despite a lack of privity, may sue on the contract, either for its performance or damages.”
3 later decisions quote this exact passage““[B]y entering into a contract with A, the defendant may place himself in such a relation toward B that the law will impose upon him an obligation, sounding in tort and not in contract, to act in such a way that B will not be injured. The incidental fact of the existence of the contract with A does not negative the responsibility of the actor when he enters upon a course of affirmative conduct which may be expected to affect the interests of another person.””
2 later decisions 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.