Gardiner v. McDonogh’s Empirical Analysis
1905
Citation profile
4 federal appellate · 27 state decisions
How this case has been cited
Cited by 31 later decisions — most recently February 1968 · most notably Masterson v. Sine (1968), Twogood v. Monnette (1923)
4 federal appellate · 27 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 Butler v. Thomson · Salmon Falls Manufacturing Co. v. Goddard · Harrison v. McCormick · Thompson v. Libby · Higgins v. California Petroleum & Asphalt 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The execution of a contract in writing, whether the law requires it to bo written or not, supersedes all the negotiations or stipulations concerning its matter which preceded or accompanied the execution of the instrument.” Section 1625, Civ. Code Cal. “A contract in writing takes effect upon its delivery to the party in whose favor it is made, or to his agent.” Section 1626, Civ. Code Cal. “When a contract is reduced to writing, the intention of the parties is to bo ascertained from the writing alone, if possible; subject, however, to- the other provisions of this title.” Section 1639, Civ. Code Cal. “Several contracts relating to the same matters, between the same parties, and made as parts of substantially one transaction, are to he taken together.” Section 1642-, Civ. Code Cal. “When the terms of an agreement have been reduced to writing by the parties, it is to he considered as containing all those terms, and therefore there can be between the parties and their representatives, or successors in interest, no evidence of the terms of the agreement other than the contents of the writing, except in the following cases: “1. Where a mistake or imperfection of the writing is put in issue by the pleadings; “2. Where the validity of the agreemeni is the fact in dispute. But this section does not exclude other evidence of the circumstances under which the agreement was made or to which it relates, as defined in section eighteen hundred and sixty, or to explain an extrinsic ambigu”
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.