Schmelzel v. Leecy’s Empirical Analysis

Citation profile

1 federal appellate · 13 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * if the sale is directly attributable to the broker originally employed, his right to commissions cannot be defeated by the mere fact that the transaction was finally consummated through the medium of another broker. Masters v. Hunt, Tex.Civ.App., 197 S.W. 219 ; Cunliff v. Hausman, 97 Mo.App. 467 , 71 S.W. 368 . We are clearly of the opinion that neither the fact that the negotiations were commenced by one broker, nor the fact that they were closed by another, is, as a matter of law, alone decisive of the issue, but that where the plaintiff, as in the instant case, shows, by the evidence adduced in his behalf, that he introduced the purchaser to the defendant, and at no time abandoned his efforts to make the sale, and that the defendant, with knowledge of his efforts and without terminating his authority, concluded the sale through another agent, the controversy as to whether the plaintiff was the efficient procuring cause of the sale is for the jury. Votaw v. McKeever, 76 Kan. 870 , 92 P. 1120 .””

   1 later decision quote this exact passage
   e.g. Massachusetts Mut. Life Ins. v. George & Co.