46 Cal. 2d 577 - McCarthy v. Tally’s Empirical Analysis
1956
Citation profile
3 federal appellate · 87 state decisions
How this case has been cited
Cited by 92 later decisions — most recently October 2013 · most notably Knutton v. Cofield (1968), Chodos v. West Publishing Co. (2002)
3 federal appellate · 87 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 Berniker v. Berniker · Better Food Markets, Inc. v. American District Telegraph Co. · Rice v. Schmid · Dyer Bros. I. Wks. v. Central I. Wks. · 40 Cal. 2d 192 - Atkinson v. Pacific Fire Extinguisher 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 92 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... an appellate court will view the evidence in the light most favorable to the respondent and will not weigh the evidence. An appellate court will indulge all intendments and reasonable inferences which favor sustaining the finding of the trier of fact and will not disturb that finding when there is substantial evidence in the record in support thereof.”
2 later decisions quote this exact passage“"The general rule in the United States with respect to provisions for liquidated damages appears to be that the plaintiff must plead and prove that at the time the contract was entered into damages in the event of a breach of the contract would be difficult of ascertainment; that the sum agreed upon represented a reasonable attempt to ascertain what such damages would be; and that a breach of the contract had occurred."”
1 later decision quote this exact passagee.g. Chaffin v. Ramsey“attempts to reargue the evidence and the weight thereof in this court is unavailing.”
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.