McCaskill v. Toole’s Empirical Analysis
1928
Citation profile
31 state decisions
How this case has been cited
Cited by 31 later decisions — most recently May 1990 · most notably Fidelity Service Insurance v. A. B. Legg & Sons Burial Insurance (1962), Crabb v. Chisum (1938)
31 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 Parra v. Cooper · Cudd v. Wood · Burch v. Driver · Crawford v. Chattanooga Savings Bank · Robbins v. Battle House 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.
““Where an accord of minds is reached, and the document intended to express such agreement fails so to do by reason of the mistake of the draftsman, it is immaterial who employed him. His mistake was merely the occasion of the parties executing a paper not expressive of their common intent. No matter if one of them is the draftsman, the real concern is: Does it express the agreement of the parties?””
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.