56 Wash. 2d 449 - Obde v. Schlemeyer’s Empirical Analysis
1960
Citation profile
3 federal appellate · 78 state decisions
How this case has been cited
Cited by 81 later decisions — most recently November 2010 · most notably 115 Wash. 2d 506 - ATHERTON CONDO APARTMENT-OWNERS ASS'N BD OF DIRECTORS v. Blume Dev. Co. (1990), 94 Wis. 2d 17 - Ollerman v. O'Rourke Co., Inc. (1980)
3 federal appellate · 78 state decisions — followed in 12 states
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 Swinton v. Whitinsville Savings Bank · Perkins v. Marsh · Conaway v. Co-Operative Homebuilders
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 81 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[i]n the present stage of the law, the decisions show a drawing away from [strict application of caveat emptor], and ... that if either party to a contract of sale conceals or suppresses a material fact which he is in good faith bound to disclose then his silence is fraudulent.”
5 later decisions quote this exact passage“"Where there are concealed defects in demised premises, dangerous to the property, health or life of the tenant, which defects are known to the landlord when the lease is made, but unknown to the tenant, and which a careful examination on his part would not disclose, it is the landlord's duty to disclose them to the tenant before leasing, and his failure to do so amounts to a fraud." We deem this rule to be equally applicable to the vendor-purchaser relationship.”
4 later decisions quote this exact passage“[ujnder the circumstances, we are satisfied that “justice, equity, and fair dealing,” to use Professor Keeton’s language, demanded that the Schlemeyers speak — that they inform prospective purchasers, such as the Obdes, of the condition, regardless of the latter’s failure to ask any questions relative to the possibility of termites.”
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.