Raby v. Westphall Homes, Inc.’s Empirical Analysis
1966
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently May 2005
12 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 Martinez v. Research Park, Inc. · Fischer v. Rakagis · Ruby v. Cambridge Mutual Fire Insurance Company · 145 So. 2d 238 - Fell v. Messeroff
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A contractor, within the meaning of the Contractors’ License Law * * *, is a person, firm, copartnership, corporation, association, or other organization, or any combination of any thereof, [other than those engaged in highway or railroad construction,] who for either a [fixed sum] price, fee or percentage, [or other compensation other than wages] undertakes or offers to undertake, or purports to have the capacity to undertake to construct, alter, repair, add to or improve any building, excavation, or other structure, project, development or improvement, [other than to personalty,] or any part thereof; Provided, the term contractor [as used in this act] shall include subcontractor, but shall not include anyone who merely furnishes materials, or supplies without 'fabricating the same into, or consuming the same in the performance of the work of the contractor as herein defined; Provided, further, nothing herein shall be construed to apply to a public utility in the construction, reconstruction, operation or maintenance of its plant other than construction of buildings; or to the drilling, testing, abandoning or other operation of any petroleum or gas well, or to geophysical or similar exploration for oil or gas; and Provided, further,- no railroad company shall be construed to be a contractor.””
1 later decision quote this exact passage““We do not feel that the laying of wall-to-wall carpet accomplishes the same degree of ‘improvement’ or ‘fabrication,’ which the work by the electrical contractor or the carpenter in our cases above cited required. While it is true that the carpet is attached to the floor at the edges, it remains readily removable and is more of a decorator item than an improvement.” Raby v. Westphall Homes, Inc., 76 N.M. 252, 254 , 414 P.2d 227, 228 (1966). (emphasis added) See also Craftmaster Restaurant Supply Co., Inc. v. Cavallini, supra; Finley-Gordon Carpet Co. v. Bay Shore Homes, Inc., 247 Cal.App.2d 131 , 55 Cal.Rptr. 378 (1966).”
1 later decision quote this exact passage““ * * *. In Martinez v. Research Park, Inc., 75 N.M. 672 , 410 P.2d 200 , we held that an electrical contractor was a contractor within the purview of § 67-16-2, supra, and was required to allege that he had a contractors’ license at the time he performed his service.””
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.