Markoff v. Kreiner’s Empirical Analysis
1941
Citation profile
12 district · 85 state decisions
How this case has been cited
Cited by 97 later decisions — most recently March 2019 · most notably General Motors Acceptance Corp. v. Daniels (1985), COLOMIRIS v. Woods (1999)
12 district · 85 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 Seitz v. Brewers' Refrigerating Machine Co. · Richardson v. Hardwick · Mitchill v. Lath · Cohn v. Dunn · Thomas Roberts & Co. v. Bonaparte
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 97 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a]ll prior and contemporaneous negotiations”
3 later decisions quote this exact passage · from the majority““It was argued that, under an exception to> the parol evidence rule, the challenged testimony was admissible as a separate collateral agreement on which the written contract was silent. The doctrine of collateral agreement was explained by Chief Justice Fuller in the following words: ‘Undoubtedly, the existence of a separate oral agreement as to any matter on which a written contract is silent, and which is not inconsistent with its terms, may be proven by parol, if, under the circumstances of the particular-case, it may properly be inferred that the parties did not intend the written paper to be a complete and final statement of the whole of the transaction between them. But such an agreement must not only be collateral, but must relate to a subject distinct from that to which the written contract applies; that is, it must not be so closely connected with the principal transaction as to form part and parcel of it. And when the writing itself upon its face is couched in such terms as import a complete legal obligation, without any uncertainty as to the object or extent of the engagement, it is conclusively presumed that the whole engagement of the parties, and the extent and manner of their undertaking, was reduced to writing.’ Seitz v. Brewers’ Refrigerating Machine Co., 141 U. S. 510 , 12 S. Ct. 46, 47 , 35 L. Ed. 837, 840 .” Id. at 155.”
1 later decision quote this exact passage · from the majority““Accordingly the three fold test for determining whether a prior or contemporaneous oral agreement between the parties to a written contract is admissible as a collateral agreement is: (1) whether it is an independent collateral agreement separate and distinct from the main contract; (2) whether it is consistent with the provisions of the contract; and (3) whether it is such an agreement as the parties could not reasonably be expected to embody in the contract, but would naturally make as a separate agreement.””
1 later decision quote this exact passage · from the majority
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.