Goodwin v. Gunter’s Empirical Analysis

Citation profile

6 federal appellate · 164 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 172 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “ready, able and willing to buy the property upon the contract terms.”

   8 later decisions quote this exact passage · from the majority
   e.g. Eldridge v. Usry Zollner · Cranke v. Trinity Gravel Co.

2. “• “As held in the original opinion, 185 S. W. 295 , Goodwin, in the state of the pleading at the time of the trial, was entitled to recover his commissions, though the sale made to Lindsley by Judge Bliss as Mrs. Gunter’s agent ■was for a price per acre less than the land had been listed to Goodwin, provided it was true as a matter of fact that his efforts through Witwer were responsible for the negotiation between Judge Bliss and Lindsley. In this holding we but apply the established rule that in a case of this character the broker is not deprived of his right to his stipulated commission by the circumstance that a sale of the property is made for a price less than as limited to him, if he in fact procures a prospective purchaser with whom directly, pending his own negotiation, the principal, with knowledge that such negotiation is pending, concludes the sale upon terms satisfactory to himself; it appearing from the evidence that Goodwin’s negotiation, through Witwer, of a sale of the land to Lindsley had not been concluded when the sale made to the latter by Judge Bliss was agreed upon, and that Judge Bliss had notice at the time of Goodwin’s claim to a commission in the event of a sale to Lindsley. It was therefore our view that the only question in the case was whether Witwer’s efforts were the procuring cause of the purchase being taken up by Lindsley directly with Judge Bliss.””

   1 later decision quote this exact passage · from the majority
   e.g. Webb v. Harding