Miller v. Stults’s Empirical Analysis
1956
Citation profile
5 federal appellate · 18 state decisions
How this case has been cited
Cited by 26 later decisions — most recently April 2022 · most notably Peiser v. Mettler (1958), 152 Cal. App. 2d 733 - Oldenburg v. Sears, Roebuck & Co. (1957)
5 federal appellate · 18 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 19 Cal. 2d 543 - Ermolieff v. R. K. O. Radio Pictures, Inc. · 135 Cal. App. 2d 260 - Hubbard v. DaBell · People v. Seymour · Shenson v. Shenson · 111 Cal. App. 2d 99 - Sharpe v. Arabian American Oil 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“For evidence of custom to have potency it must be established that the parties to the contract were aware of the existence of the custom. . ‘Evidence of usage is admissible only on the ground that the parties who made the contract were both cognizant of the usage, and must be presumed to have made their engagements with reference thereto.’ (Corey v. Struve, 16 Cal.App. 310, 320 , 116 P. 975, 979 ) In People v. Seymour, 54 Cal.App.2d 266 , at page 274, 128 P.2d 726 , at page 730, this court stated: A usage is operative upon parties to a transaction where and only where they manifest an assent to each other that it shall be operative, or where one of the parties knows or has reason to know that the other party intends to be governed by the usage, or where the usage exists in such transactions and is generally known by persons under similar circumstances. Rest., Contracts, § 247.”
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.