Barham v. Richard’s Empirical Analysis
1997
Citation profile
4 state decisions
Relationships
Relies on 377 So. 2d 285 - Hawthorne Oil & Gas Corp. v. Continental Oil Co. · 523 So. 2d 843 - Kellis v. Farber · 656 So. 2d 988 - Jordan v. Central Louisiana Elec. Co., Inc. · 650 So. 2d 1241 - Olinde v. Couvillion · 665 So. 2d 14 - Operational Technologies Corp. v. Environmental Contractors, Inc.
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Work or service" are forms of contractual performance, but this does not mean that "work or service" includes all forms of performance. . . . . Had it been the intention of the legislature when it enacted LSA-C.C.P. art. 76.1 to include all forms of performance within the phrase "work or service" it would have so easy for the article to have provided for venue using straightforward, non-technical language such as, "where the contract was performed," or "where the object of the contract was performed," that we must conclude that the failure to do so was deliberate. Both of these phrases are broad enough to encompass all forms of performance, including payment on a promissory note, and are simple and straightforward enough that the fact that the legislature chose instead to adopt the phrase "work or service" cannot be seen as accidental. We do not believe that "work or service" was intended to encompass an act as insubstantial as mailing a check to a certain address in payment of a promissory note.”
1 later decision quote this exact passage“A. A judgment of default must be confirmed by proof of the demand sufficient to establish a prima facie case ... * * * * * * B.(3) When the sum is due on an open account or a promissory note or other negotiable instrument, an affidavit of the correctness thereof shall be prima facie proof....”
1 later decision quote this exact passage“"An action on a contract may be brought in the parish where the contract was executed or the parish where any work or service was performed or was to be performed under the terms of the contract."”
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.