McLaughlin v. Wheeler’s Empirical Analysis

Citation profile

1 federal appellate · 20 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The broker must act strictly according to the authority conferred on him by the principal. If, for example, a real estate broker accepts an employment which makes his right to compensation depend upon procuring a vendor or a purchaser on specific terms, he cannot recover if he does not perform that service.” 19 Cyc. 241. “A broker employed to find a purchaser is not entitled to a commission, where no sale is made, unless the purchaser is able, ready, and willing to take the property upon the terms specified by the principal.” 19 Cyc. 246. “If plaintiff declares on an express contract, he cannot ordinarily, failing to prove it, recover on a quantum meruit.” “To entitle him to recover on a particular contract of employment he must plead it; and his proof must in all material respects conform to the allegations of the complaint; evidence at substantial variance therewith is inadmissible, and if admitted does not justify recovery.” 19 Cyc. 275, 276. “In an action upon an express contract, the plaintiff cannot recover upon proof of an implied contract. A party cannot allege one cause of action and recover upon another.” 9 Cyc. 748, 749. “In all actions on special agreements or written contracts, the contract given in evidence must correspond with that stated in the declaration.” 4 Michie, 593; 9 Michie, 496.”

   1 later decision quote this exact passage
   e.g. Ward v. Morrow