Matthews v. Gaubler’s Empirical Analysis
1951
Citation profile
10 state decisions
How this case has been cited
Cited by 11 later decisions — most recently December 1978
10 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 Rhodes v. Collier · Di Cristina v. Weiser · Ellis v. Prevost · Meraux & Nunez, Inc. v. Gaidry · Grapico Bottling Works v. Liquid Carbonic Co.
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Under the provisions of art. 2475, R.C. C., the seller is bound to two principal obligations, that of delivering the thing, and that of warranting the thing which he sells. In Derbonne v. Burton, La.App., 189 So. 473, 474 , it was said that ‘the obligation of delivery is the primary obligation to be fulfilled.’ “What is to be considered a delivery of possession is determined ' by the rules of law, applicable to the situation and nature of the property. Art. 1924, 'R.C.C. The tradition or delivery is the transferring of the thing sold into the power and possession of the buyer, and the law considers the tradition or delivery of immovables, as always accompanying the public act, which transfers the property. Arts. 2477, 2479, R.C.C.” * ifs * * * * “The penalty for the failure of a vendor to make delivery is stipulated for in R.C.C. arts. 2485 and 2486, respectively, as follows: “ ‘If the seller fails to make the delivery at the time agreed on between the parties, the buyer will be at liberty to demand, either a canceling of the sale, or to be put into possession, if the-delay is occasioned only by the deed of the seller.’ ””
1 later decision quote this exact passagee.g. Johnson v. Sandifer“Either party hereto who fails to comply with the terms of this offer, if accepted, is obligated and agrees to pay the agent's commission and all fees and costs incurred in enforcing collection and damages.”
1 later decision quote this exact passagee.g. Lanusse v. Gerrets
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.