718 So. 2d 68 - Gable v. Boles’s Empirical Analysis

Citation profile

4 state decisions

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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"`[S]tatements of opinion amounting to nothing more than "puffery" . . . are not statements concerning material facts upon which individuals have a right to act and, therefore, will not support a fraud claim.' Fincher v. Robinson Bros. Lincoln-Mercury, Inc. , 583 So.2d 256 , 259 (Ala. 1991). "`"Whether a given representation is an expression of opinion or a statement of fact depends upon all the circumstances of the particular case, such as the form and subject matter of the representation and the knowledge, intelligence and relation of the respective parties. The mere form of the representation as one of opinion or fact is not in itself conclusive, and in cases of doubt the question should be left to the jury."' " Harrell v. Dodson , 398 So.2d 272 , 274-75 (Ala. 1981), quoting Fidelity Casualty Co. of New York v. J.D. Pittman Tractor Co. , 244 Ala. 354 , 358 , 13 So.2d 669 , 672 (1943) (citations omitted)."”

   2 later decisions quote this exact passage
   e.g. 814 So. 2d 203 - BellSouth Mobility, Inc. v. Cellulink, Inc. · 991 So. 2d 745 - Russell v. Wilson

2. “"The `as is' clause in the contract signed by Gable and Boles `has the legal effect of excluding all implied warranties.' Dekalb Agresearch, Inc. v. Abbott , 391 F.Supp. 152 , 154 (N.D.Ala. 1974), aff'd, 511 F.2d 1162 (5th Cir. 1975) (emphasis added). `[A]ll implied warranties are excluded by expressions like "as is," . . . language which in common understanding calls the buyer's attention to the exclusion of warranties and makes it plain that there is no implied warranty.' § 7-2-316 (3)(a), Ala. Code 1975 (emphasis added). See also Jenkins v. Landmark Chevrolet, Inc. , 575 So.2d 1157 , 1160 (Ala.Civ.App. 1991). A disclaimer, however, cannot defeat an express oral warranty. Tiger Motor Co. v. McMurtry , 284 Ala. 283 , 290 , 224 So.2d 638 , 644 (1969). The general rule is that an `as is' clause does not exclude prior express warranties. See, e.g., Wagner v. Rao , 180 Ariz. 486 , 885 P.2d 174 (App. 1994); Reilly v. Mosley , 165 Ga.App. 479 , 301 S.E.2d 649 (1983); Snelten v. Schmidt Implement Co. , 269 Ill.App.3d 988 , 647 N.E.2d 1071 , 207 Ill.Dec. 578 , appeal denied, 163 Ill.2d 588 , 657 N.E.2d 639 , 212 Ill.Dec. 438 (1995). Cf. Cruse v. Coldwell Banker/Graben Real Estate, Inc. , 667 So.2d 714 (Ala. 1995) (home buyers' signing an `as is' agreement did not prevent their reliance on realtor's *Page 748 affirmative representation that house was `new')."”

   1 later decision quote this exact passage
   e.g. 991 So. 2d 745 - Russell v. Wilson

3. “The `as is' clause in the contract signed by Gable and Boles `has the legal effect of excluding all implied warranties.' Dekalb Agresearch, Inc. v. Abbott , 391 F.Supp. 152 , 154 (N.D.Ala. 1974), aff'd, 511 F.2d 1162 (5th Cir. 1975) (emphasis added). `[A]ll implied warranties are excluded by expressions like "as is,”

   1 later decision quote this exact passage
   e.g. 991 So. 2d 745 - Russell v. Wilson