diminished value rule (Mississippi) · Go Syfert
← Mississippi issues

diminished value rule in Mississippi

11 Mississippi opinions name it 2 courts 1978–2004 0 in the last five years

The cases below were cited by Mississippi courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Gerodetti v. Broadacres, Inc.green
miss · 1978 · cited in 10 Mississippi opinions naming this issue, 1986–2004
2 sentences

2002In Gerodetti v. Broadacres, Inc., 363 So.2d 265, 267-68 (Miss.1978), a construction contract suit involving damages for incomplete performance, this Court held in part: Where a building is completed, substantially according to plans and specifications, the measure of damages [FN1] may be determined by: (1) the cost rule which is the cost of repairing the defects to make the building or structure conform to the specifications where such may be done at a reasonable expense if unreasonable economic waste is not involved, or (2) the diminished value rule which is the difference in the value of the

1998In Gerodetti v. Broadacres, Inc., 363 So.2d 265, 267-68 (Miss. 1987), a construction contract suit involving damages for incomplete performance, this Court held in part: Where a building is completed, substantially according to plans and specifications, the measure of damages [FN1] may be determined by: (1) the cost rule which is the cost of repairing the defects to make the building or structure conform to the specifications where such may be done at a reasonable expense if unreasonable economic waste is not involved, or (2) the diminished value rule which is the difference in the value of th

610
A & F PROPERTIES, LLC v. Lake Caroline, Inc.green
missctapp · 2000 · cited in 1 Mississippi opinions naming this issue, 2004–2004
1 sentence

2004Gerodetti v. Broadacres, Inc., 363 So.2d 265, 267-68 (Miss.1978), quoted in A & F Properties, LLC v. Lake Caroline, Inc., 775 So.2d 1276, 1281 (Miss.Ct.App.2000). ¶ 29.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Shell v. Schmidt green
calctapp · 1958
2 sentences

2002Damages s 76, pp. 859-864 (1966); 76 A.L.R.2d 792 (1961).

1998Damages s 76, pp. 859-864 (1966); 76 A.L.R.2d 792 (1961).

31978–2002

Statutes the citing opinions construe

MS § Miss. Code Ann. § 11-1-55 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

MS 11 (1978–2004) MO 5 (1983–2016) TX 3 (2000–2023) OR 2 (2015–2015) VI 2 (2008–2010)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check