Schultz v. Palmer Welloct Tool Corp.’s Empirical Analysis

Citation profile

4 federal appellate · 1 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““No action or suit shall be instituted, nor recovery therein be had, in any court of this Commonwealth by any person, copartnership, asso ciation, or corporation for compensation for any act done or service rendered, the doing or rendering of which is prohibited under the provisions of this act to others than licensed real estate brokers, unless such person, copartnership, association or corporation was duly licensed hereunder as real estate broker at the time of the doing of such act or the rendering of such service.” The plant in question was situated on seven or eight acres of land owned by the defendant corporation. The land was said to be valued at about $9,000 while the asking price for the enterprise as a going concern was to be $355,-000. The plaintiff argues with a very considerable degree of plausibility that such a transaction as this is not within the coverage of the Real Estate Brokers License Act. This argument is backed up by an excerpt from a treatise by Professor Robert W. Semenow: “We may next consider whether license laws regulate ‘business’, ‘business chance’, or ‘business opportunity brokers’. Here again, the subject matter, a grocery, restaurant, or garage, is personal property and license laws do not apply. A business broker who sells a store, the lease, the good will and everything that goes with a thriving business, is not a real estate broker within the law requiring real estate brokers to procure a license.””

   1 later decision quote this exact passage · from the majority
   e.g. Schultz v. Palmer Welloct Tool Corp.