Alonzo v. Chifici’s Empirical Analysis

Citation profile

1 federal appellate · 10 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... [T]the agreement [at issue] fits the definition of a contract to build (a contract to do) as defined by La.C.C. Articles 2756 and 2757: “To build by a plot, or to work by the job, is to undertake a building or a work for a certain stipulated price.” “A person who undertakes to make a work, may agree, either to furnish his work and industry alone, or to furnish also the materials necessary for such a work.” Although the Civil Code clearly contemplates a distinction between sales and construction contracts, it defines the contract of sale in very general terms. The judiciary has developed several tests for determining whether a given contract is a contract of sale or a construction contract. In Acadiana Health Club, Inc. v. Hebert, 469 So.2d 1186, 1189 (La. App. 3rd Cir.1985) the court notes: “There are three major factors in determining whether a contract is a contract of sale or a contract to build or to work by the job. First, in a contract to build, the “purchaser” has some control over the specifications of the object. Second, the negotiations in a contract to build take place before the object is constructed. Lastly, and most importantly, a building contract contemplates not only that the builder will furnish the materials, but that he will also furnish his skill and labor in order to build the desired object. Duhon v. Three Friends Homebuilders Corporation, 396 So.2d 559 (La. App. 3 Cir.1981); Airco Refrigeration Service, Inc. v. Fink, 242 La. 73 , 134 So.2d 880 (196”

   2 later decisions quote this exact passage
   e.g. 211 So. 3d 439 - ETI, Inc. v. Buck Steel, Inc. · 958 So. 2d 730 - FREY PLUMBING CO., INC. v. Foster

2. “"Although the Civil Code clearly contemplates a distinction between sales and construction contracts, it defines the contract of sale in very general terms. The judiciary has developed several tests for determining whether a given contract is a contract of sale or a construction contract. In Acadiana Health Club, Inc. v. Hebert, 469 So.2d 1186, 1189 (La.App. 3rd Cir.1985) the court notes: `There are three major factors in determining whether a contract is a contract of sale or a contract to build or to work by the job. First, in a contract to build, the `purchaser' has some control over the specifications of the object. Second, the negotiations in a contract to build take place before the object is constructed. Lastly, and most importantly, a building contract contemplates not only that the builder will furnish the materials, but that he will also furnish his skill and labor in order to build the desired object. Duhon v. Three Friends Homebuilders Corporation, 396 So.2d 559 (La.App. 3 Cir.1981); Airco Refrigeration Service, Inc. v. Fink, 242 La. 73 , 134 So.2d 880 (1961).' Under the `value test' the court determines whether the labor expended in constructing the item, or the materials incorporated therein, constitute the `principal value of the contract.' Price v. Huey Childs Builder, Inc., 426 So.2d 398 (La. App. 2nd Cir.1983) writ denied 433 So.2d 164 (La.). Building or construction contracts involve primarily the furnishing of labor and contractual skills."”

   2 later decisions quote this exact passage
   e.g. 657 So. 2d 464 - Smith v. Arcadian Corp. · 604 So. 2d 593 - Louisiana Paving Co., Inc. v. ST. CHARLES PARISH PUB. SCHOOLS

3. “the court determines whether the labor expended in constructing the item, or the materials incorporated therein, constitute the”

   1 later decision quote this exact passage
   e.g. 958 So. 2d 730 - FREY PLUMBING CO., INC. v. Foster