Maxey v. Quintana’s Empirical Analysis
1972
Citation profile
2 federal appellate · 10 district · 67 state decisions
How this case has been cited
Cited by 85 later decisions — most recently November 2018 · most notably C & H Construction & Paving Co. v. Citizens Bank (1979), Mantz v. Follingstad (1972)
2 federal appellate · 10 district · 67 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 United States v. Neustadt · Sauter v. St. Michael's College · Tartera v. Palumbo · Prudential Insurance Company of America v. Anaya · Ute Park Summer Homes Ass'n v. Maxwell Land Grant Co.
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 85 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“that the action is determined by the general principles of the law of negligence. The majority opinion quotes the instruction that submitted to the jury the issue of defendant's liability for nondisclosure of his opinion. The instruction is based on the theory of negligence. The fact that the instruction did not contain the word”
3 later decisions quote this exact passage“Here we have a different question. One of fraud and deceit; a failure to disclose material information, which induced the plaintiff to enter into the contract. The false representation and the contract were distinct and separable. The former was the inducement for the latter, and did not merge in the contract or deed.”
2 later decisions quote this exact passage“Negligent misrepresentation is available to a plaintiff who is “so circumstanced that he cannot or does not wish to rescind, and cannot meet the proof required for the tort of fraud or deceit [as a] .. . remedy for damages caused by a misrepresentation short of fraud.””
2 later decisions 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.