547 So. 2d 1087 - Howell v. Rhoades’s Empirical Analysis
1989
Citation profile
14 state decisions
How this case has been cited
Cited by 16 later decisions — most recently October 2016
14 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 538 So. 2d 569 - Morphy, Makofsky & Masson, Inc. v. CANAL PLACE 2000 · Swiftships, Inc. v. Burdin · 310 So. 2d 862 - Custom Builders & Supply, Inc. v. Revels · Houma Armature Works & Supply, Inc. v. Landry · Haas v. D'Avanzo
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... No written contract was ever drafted... Under these facts, we believe ... [t]he contract was void. LSA-C.C. art. 1927; see Haas v. D'Avanzo, 45 So.2d 104 (La. App.2d Cir.1950). * * * * * * ... `Quantum meruit' has been employed in several contexts in Louisiana: first, a contractual quantum meruit, when a contract is implied from the circumstances, but no agreement as to price has been reached; or, in a quasi contractual setting, when the plaintiff has conferred a benefit on defendant in pursuance of a contract supposedly valid but in truth void. Comments, Quantum Meruit in Louisiana, 50 Tul.L.Rev. 631, 647 (1976); Nicholas, Unjustified Enrichment in Civil Law and Louisiana Law, 37 Tul.L.Rev. 49, 57 (1962). `Quantum meruit' protects restitution interests rather than reliance interests and here is limited to the amount that plaintiff actually lost by relying on an unenforceable contract, including reasonable profits. The measure of damages here, where the contract is void, is the benefit conferred on defendant, or her `unjust enrichment.' Nicholas, supra, at 57. [Emphasis added.]”
2 later decisions quote this exact passage“Plaintiff urges that interest be awarded from the. date of judicial demand whether this judgment is rendered under a quasi contractual theory or not, if the amount awarded is the same. The rule is that, as the amount of the award is not liquidated until the judgment is rendered when recovery is limited to quasi contract, interest is only calculated from date of judgment. McLaurin v. Holley, 484 So,2d 807 (La. App. 1st Cir. 1986), Whether thé actual recovery is the same or not under quasi contract or under an actual contract is irrelevant. The mode of recovery precludes the recovery of interest from date of judicial demand.”
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.