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← 794 S.W.2d 823 - Smith v. Smith

Smith v. Smith’s Empirical Analysis

1990

Citation profile

26
cited by 26 later decisions
1
states following
August 2018
most recently cited

2 federal appellate · 18 state decisions

How this case has been cited

Cited by 26 later decisions — most recently August 2018 · most notably Kona Technology Corp. v. Southern Pacific Transportation Co. (2000), Fish v. Tandy Corp. (1997)

2 federal appellate · 18 state decisions

150199020002010decided

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.

Appellate journey

reviewedthe decision below (from Texas 68th Judicial District Court)

Relationships

Relies on Nixon v. Mr. Property Management Co. · Montgomery v. Kennedy · Swilley v. Hughes · Jones v. Strauss · Tobin v. Garcia

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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “The parol evidence rule provides that if the parties have integrated their agreement into a single written memorial, all prior negotiations and agreements with regard to the same subject matter are excluded from consideration whether they are oral or written. Additionally, a written instru ment presumes that all prior agreements relating to the transaction have been merged into it and it will be enforced as written and cannot be added to, varied, or contradicted by parol testimony. The rule is particularly applicable where the written contract contains a recital that it contains the entire agreement between the parties or a similarly worded merger provision.”
    1 later decision quote this exact passage
    e.g. 9 F. Supp. 2d 734 - Frith v. Guardian Life Insurance Co. of America

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.