Kozlowski v. Fowler’s Empirical Analysis
1954
Citation profile
7 state decisions
How this case has been cited
Cited by 10 later decisions — most recently August 2018
7 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 Michel v. Efferson
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The defense of waiver is a special one and the burden of proof is on the defendants to show that the plaintiff had knowledge of the defects in construction and that she intentionally waived same. "The courts of this state have held that an owner is not estopped from claiming damages for the breach of a building contract by taking possession and moving into the building. The failure of the contractor to construct the building in accordance with the plans and specifications was a violation of the contract and the taking of possession of the premises by the plaintiff can not be considered as a discharge of the defendants' liability. Lobdell v. Parker, 3 La. 328, 331 ; Morton v. Pollard, 9 La. 174 ; Overton v. Simon, 10 La. Ann. 685 ; Miller v. Stewart, 12 La. Ann. 170 ; Nicholson v. Desobry, 14 La.Ann. 81 ; Conery v. Noyes, 17 La.Ann. 201 ; Gordy v. Veazey, 25 La.Ann. 518 ; Levy v. M. Schwartz & Bro. etc., 34 La.Ann. 209 ; Borrosky v. Hill, Harris & Co., Inc., 1 La.App. 431 ; Payne & Joubert v. Amos Kent Brick & Lumber Co., 110 La. 750 , 34 So. 763 ; Police Jury of Parish of Vernon v. Johnson, 111 La. 279 , 35 So. 550 ; Di Franco v. Ascani, 13 La.App. 2 , 127 So. 76 ."”
1 later decision quote this exact passage““If the surety on a bond fails to pay his obligation and it becomes necessary for the creditor to sue thereon, the latter shall be entitled to ten per cent attorney’s fees on the amount recovered, provided he has employed an attorney for the purpose, has made written amicable demand on the principal and surety and thirty days have elapsed from their receipt thereof without payment being made, and the full amount claimed in the demand is recovered.””
1 later decision quote this exact passage“If an undertaker fails to do the work he has contracted to do, or if he does not execute it in the manner and at the time he has agreed to do it, he shall be liable in damages for the losses that may ensue from his non-compliance with his 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.