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6 Indiana opinions name it 2 courts 1971–1995 0 in the last five years
The cases below were cited by Indiana 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.
| Case | Followed | Cited |
|---|---|---|
Barnes v. Mac Brown and Company, Inc.green2 sentences1982In Barnes v. MacBrown and Company, Inc., (1976) 264 Ind. 227 , 342 N.E.2d 619 , an implied warranty was extended to a second and subsequent purchaser from the builder-vendor, but that case expressly limited the implied warranty doctrine to latent defects which are not discoverable by subsequent purchaser’s reasonable inspection and become manifest after the purchase. 1982In Barnes v. MacBrown and Company, Inc., (1976) 264 Ind. 227 , 342 N.E.2d 619 , an implied warranty was extended to a second and subsequent purchaser from the builder-vendor, but that case expressly limited the implied warranty doctrine to latent defects which are not discoverable by subsequent purchaser’s reasonable inspection and become manifest after the purchase. | 1 | 2 |
Carpenter v. Donohoegreen2 sentences1972In Carpenter v. Donohoe, (1964) 154 Colo. 78 , 388 P.2d 399, 402 , the Supreme Court of Colorado stated: “We hold that the implied warranty doctrine is extended to include agreements between builder-vendors and purchasers for the sale of newly constructed buildings completed at the time of contracting. 1972In Carpenter v. Donohoe, (1964) 154 Colo. 78 , 388 P.2d 399, 402 , the Supreme Court of Colorado stated: “We hold that the implied warranty doctrine is extended to include agreements between builder-vendors and purchasers for the sale of newly constructed buildings completed at the time of contracting. | 1 | 2 |
Jordan v. Talagagreen2 sentences1994See Theis v. Heuer (1972), 264 Ind. 1 , 280 N.E.2d 300 (builder-initial purchaser); Barnes v. Mac Brown & Co. (1976), 264 Ind. 227 , 342 N.E.2d 619, 620 (builder-subsequent purchasers); see also Jordan v. Talaga (1989), Ind. App., 532 N.E.2d 1174 , trans. denied (developer-purchaser). 1994See Theis v. Heuer (1972), 264 Ind. 1 , 280 N.E.2d 300 (builder-initial purchaser); Barnes v. Mac Brown & Co. (1976), 264 Ind. 227 , 342 N.E.2d 619, 620 (builder-subsequent purchasers); see also Jordan v. Talaga (1989), Ind.App., 532 N.E.2d 1174 , trans. denied (developer-purchaser). | 1 | 1 |
Theis v. Heuergreen2 sentences1994See Theis v. Heuer (1972), 264 Ind. 1 , 280 N.E.2d 300 (builder-initial purchaser); Barnes v. Mac Brown & Co. (1976), 264 Ind. 227 , 342 N.E.2d 619, 620 (builder-subsequent purchasers); see also Jordan v. Talaga (1989), Ind.App., 532 N.E.2d 1174 , trans. denied (developer-purchaser). 1994See Theis v. Heuer (1972), 264 Ind. 1 , 280 N.E.2d 300 (builder-initial purchaser); Barnes v. Mac Brown & Co. (1976), 264 Ind. 227 , 342 N.E.2d 619, 620 (builder-subsequent purchasers); see also Jordan v. Talaga (1989), Ind.App., 532 N.E.2d 1174 , trans. denied (developer-purchaser). | 1 | 1 |
Schipper v. Levitt & Sons, Inc.green2 sentences1976However, in determining an actionable breach of such warranty the test is one of reasonablness (rather than perfection) as correctly stated in the trial court's implied warranty instruction, supra. See also Barnes v. MacBrown and Co., Inc., supra , and the cases following the Javins rationale, supra. Cf. Schipper v. Levitt & Sons, Inc., 44 N.J. 70 , 207 A.2d 314, 326 (1965). 1976However, in determining an actionable breach of such warranty the test is one of reasonablness (rather than perfection) as correctly stated in the trial court's implied warranty instruction, supra. See also Barnes v. MacBrown and Co., Inc., supra , and the cases following the Javins rationale, supra. Cf. Schipper v. Levitt & Sons, Inc., 44 N.J. 70 , 207 A.2d 314, 326 (1965). | 1 | 1 |
Birmelin v. Boymergreen1 sentence1976See Indianapolis Newspapers, Inc. v. Fields (1970), 254 Ind. 219 , 259 N.E.2d 651 , cert. den., 400 U.S. 930 , 91 S.Ct. 187 , 27 L.Ed.2d 190 . [34] So much for prejudice and consistency. *773 ISSUE THREE Was the evidence presented at trial sufficient to sustain the verdicts against Old Town? [35] CONTENTIONS OF THE PARTIES Implied Warranty of Habitability Old Town maintains that even if an implied warranty of habitability obtains, no evidence was presented to show the apartment "uninhabitable" at the time it was leased. | 1 | 1 |
Scaggs v. Larsengreen1 sentence1976See Indianapolis Newspapers, Inc. v. Fields (1970), 254 Ind. 219 , 259 N.E.2d 651 , cert. den., 400 U.S. 930 , 91 S.Ct. 187 , 27 L.Ed.2d 190 . [34] So much for prejudice and consistency. *773 ISSUE THREE Was the evidence presented at trial sufficient to sustain the verdicts against Old Town? [35] CONTENTIONS OF THE PARTIES Implied Warranty of Habitability Old Town maintains that even if an implied warranty of habitability obtains, no evidence was presented to show the apartment "uninhabitable" at the time it was leased. | 1 | 1 |
Indianapolis Newspapers, Inc. v. FIELDSgreen2 sentences1976See Indianapolis Newspapers, Inc. v. Fields (1970), 254 Ind. 219 , 259 N.E.2d 651 , cert. den., 400 U.S. 930 , 91 S.Ct. 187 , 27 L.Ed.2d 190 . [34] So much for prejudice and consistency. *773 ISSUE THREE Was the evidence presented at trial sufficient to sustain the verdicts against Old Town? [35] CONTENTIONS OF THE PARTIES Implied Warranty of Habitability Old Town maintains that even if an implied warranty of habitability obtains, no evidence was presented to show the apartment "uninhabitable" at the time it was leased. 1976See Indianapolis Newspapers, Inc. v. Fields (1970), 254 Ind. 219 , 259 N.E.2d 651 , cert. den., 400 U.S. 930 , 91 S.Ct. 187 , 27 L.Ed.2d 190 . [34] So much for prejudice and consistency. *773 ISSUE THREE Was the evidence presented at trial sufficient to sustain the verdicts against Old Town? [35] CONTENTIONS OF THE PARTIES Implied Warranty of Habitability Old Town maintains that even if an implied warranty of habitability obtains, no evidence was presented to show the apartment "uninhabitable" at the time it was leased. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Martin Rispens & Son v. Hall Farms, Inc.
red
1 sentence1995Cf. Martin Rispens & Son v. Hall Farms, Inc. (1993), Ind., 621 N.E.2d 1078 , 1084 n. 2 (privity of contract required for action on implied warranty of merchantability). | 1 | 1995–1995 |
Zimmerman v. Moore
green
2 sentences1995Id. 1995Id. | 1 | 1995–1995 |
Tavares v. Horstman
green
1 sentence1982The court concluded by stating, “Further, the Supreme Court of Wyoming, in discussing the abandonment of caveat emptor, remarked in dicta, ‘We do not include used housing in our holding but visualize that circumstances may require consideration of some sales as included.’ Tavares v. Horstman (Wyo.1975) 542 P.2d 1275, 1282 . | 1 | 1982–1982 |
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.