Berg v. Carlstrom’s Empirical Analysis
1984
Citation profile
2 federal appellate · 1 district · 11 state decisions
How this case has been cited
Cited by 17 later decisions — most recently February 2017
2 federal appellate · 1 district · 11 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 Theisen’s Inc. v. Red Owl Stores, Inc. · Alstad v. Boyer · Bremer v. Commissioner of Taxation · Scofield v. Quinn · 148 W. Va. 789 - Myers v. Town of Milton
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A written instrument can be reformed by a court if the following elements are proved: (1) there was a valid agreement between the parties expressing their real intentions; (2) the written instrument failed to express the real intentions of the parties; and (3) this failure was due to a mutual mistake of the parties, or a unilateral mistake accompanied by fraud or inequitable conduct by the other party. * * * These facts must be established by evidence which is clear and consistent, unequivocal and convincing.”
1 later decision quote this exact passage“[T]he parties through a mutual mistake failed to comply with the legal requirements for a valid easement. While La-Grow Development Company officers and the Tschol brothers agreed to grant Rankin an easement, the deed did not contain the proper grantor: LaGrow Development Company. This is exactly the type of mistake that reformation exists to remedy.”
1 later decision quote this exact passage“An agreement may be taken out of the statute of frauds ... by application of the doctrine[] of promissory estoppel ...”
1 later decision quote this exact passagee.g. Casazza v. Kiser
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.