160 F. Supp. 7 - McCargo v. Steele’s Empirical Analysis
1958
Citation profile
5 federal appellate · 3 state decisions
How this case has been cited
Cited by 10 later decisions — most recently August 1970
5 federal appellate · 3 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 Kelly's Heirs v. McGuire · Wright v. Wilson · Anderson v. Benson · Nesbit v. . Lockman · Williams v. Williams
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““And in that connection it is to be kept in mind that when parties enter into a solemn contract, there is no presumption that they intend to effect a nullity; in fact the presumption is the other way; and their agreement should not be nullified by one characterization of the instrument expressing the same, if such result can reasonably be avoided by .another. 12 Am.Jur. ‘Contracts,’ Section 251; 17 C.J.S. Contracts, § 318, pp. 735-736; Gauss Sons v. Orr & Lindsey, 46 Ark. 129 ; Hastings Industrial Co. v. Copeland, 114 Ark. 415 , 169 S.W. 1185 ; see also Boehmer Coal Co. v. Burton Coal Co., 8 Cir., 2 F.2d 526, 528 .””
1 later decision quote this exact passage“Had the contract referred to a `will' rather than to `assignments,' and had Mr. Steele undertaken to `devise and bequeath' an interest in his property to the deceased (sic) rather than to `assign' such interest to her, the argument now under consideration could not have been seriously advanced; and to attach controlling importance to the particular words used would be, in this instance, to elevate form over substance, which should not be done.”
1 later decision quote this exact passagee.g. Steele v. McCargo“We are of the opinion that when this instrument is read in its entirety, it should not be construed as a present conveyance or as an attempted will, but, rather, as an executory contract contemplating performance by both parties during the lifetime of both, although the fruits that the plaintiff would derive from her performance could not be ascertained until Mr. Steele's death, should she survive him. 11 * * * * * * 12”
1 later decision quote this exact passagee.g. Steele v. McCargo
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.