7 Kan. App. 2d 1 - Ware v. Christenberry’s Empirical Analysis
1981
Citation profile
11 district · 31 state decisions
How this case has been cited
Cited by 42 later decisions — most recently May 2013 · most notably Camino Real Mobile Home Park Partnership v. Wolfe (1995), 20 Kan. App. 2d 728 - Zenda Grain & Supply Co. v. Farmland Industries, Inc. (1995)
11 district · 31 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 In Re the Attorney General, Stephan · Kennedy v. City of Sawyer · Crabb v. Swindler, Administratrix · Ruthrauff, Administratrix v. Kensinger · Beams v. Werth
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An action sounding in contract for breach of an implied warranty is governed by K.S.A. 60-512 and the time begins to run with the breach of the contract regardless of whether the injured party is aware of the breach. Ruthrauff, Administratrix v. Kensinger, 214 Kan. 185, 192 , 519 P.2d 661 (1974); Freeto Construction Co. v. American Hoist & Derrick Co., 203 Kan. 741 , Syl. ¶ 2, 457 P.2d 1 (1969); Crabb v. Swindler, Administratrix, 184 Kan. 501, 507 , 337 P.2d 986 (1959). On the other hand, an action in tort for negligence in the breach of an implied warranty is governed by K.S.A. 60-513 and the time does not begin to run against the cause of action until substantial damage has first occurred, or the fact of injury becomes reasonably ascertainable to the injured party. Chavez, Executrix v. Saums, 1 Kan.App.2d 564 , 571 P.2d 62 , rev. denied 225 Kan. 843 (1977). Ware, supra, at 4 , 637 P.2d 452 .”
1 later decision quote this exact passage““In an action for breach of implied warranty, a party may plead’ and proceed upon the theories of both contract and tort until the facts have been developed and the ease is ready to be submitted to the trier of the facts. One seeking to recover for breach of an implied warranty must eventually elect a definite theory before final submission to the trier of the facts.””
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.