Matthiessen v. Schaefer’s Empirical Analysis
1995
Citation profile
11 state decisions
How this case has been cited
Cited by 12 later decisions — most recently July 2014
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.
Appellate journey
reviewedthe decision below (from Texas 225th Judicial District Court)
Relationships
Relies on In Re King's Estate · Garza v. Alviar · State Department of Highways & Public Transportation v. Payne · Willis v. Maverick · Stafford v. Stafford
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Schaefer received the survey prior to closing. The closing occurred on May 9, 1986, before which any misrepresentation necessarily occurred. Schaefer testified that he did not learn of any misrepresentation until sometime in January or February of 1989. Appellants filed suit on January 31, 1990. Schaefer filed his counterclaim on November 21, 1990.... The accrual of the [counterclaim], however, depends upon a proper application of the discovery rule. Accordingly, Schaefer had the burden of obtaining a finding that he did not discover and should not have discovered the basis for his counterclaim until a time within the limitations period. See Willis v. Maverick, 760 S.W.2d 642, 646-47 (Tex.1988).”
1 later decision quote this exact passage · from the majority“The surveyor shall certify to Buyer ... that the total area contained within the boundary lines of such Property is a specified number of acres; that a specified number of acres within the Property is situated above the 100 year flood level....”
1 later decision quote this exact passage · from the majority“When did John Schaefer discover or, in the exercise of reasonable diligence, should he have discovered the existence of Zone B which affects the Ashley Road property?”
1 later decision quote this exact passage · from the majority
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.