Schulz v. Miller’s Empirical Analysis

Citation profile

7 state decisions

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

1. ““The essential elements of mutual mistake in a written instrument for which a court of competent jurisdiction may grant appropriate relief are that there was an antecedent agreement which the written instrument undertakes to evidence; that a mistake occurred in the drafting of the instrument and not in the antecedent agreement which it undertakes to evidence; and that in the absence of fraud or inequitable conduct on the part of one of the parties, the mistake was mutual.””

   2 later decisions quote this exact passage
   e.g. Mathis v. Wendling · Hansen v. Little Bear Inn Co.

2. ““[W]hen a mistake in a writing is claimed, the burden rests on the party claiming the mistake to establish by evidence that is clear, satisfactory and convincing that the contract as written does not contain the agreement entered into between the parties; that the mistake was mutual; and that it did not occur by or result from negligence of the party claiming it.””

   2 later decisions quote this exact passage
   e.g. Hansen v. Little Bear Inn Co. · Patel v. Harless

3. ““[W]here there is no ambiguity, all conversations, contemporaneous negotiations, and parol agreements between the parties pri- or to a "written agreement are merged therein. In the absence of accident, fraud or mistake, parol evidence is not admissible for the purpose of contradicting, subtracting from, adding to, or varying the terms of such "written instruments.””

   1 later decision quote this exact passage
   e.g. Patel v. Harless