120 Ga. App. 16 - Kenney v. Clark’s Empirical Analysis
1969
Citation profile
16 state decisions
How this case has been cited
Cited by 18 later decisions — most recently August 2020
16 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.
Relationships
Relies on McCann v. Glynn Lumber Company · Torrance v. McDougald · Sovereign Camp Woodmen of World v. Heflin · 66 Ga. App. 161 - Crutchfield v. Western Electric Company · 106 Ga. App. 328 - Thornton v. Lewis
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“There can be no doubt but that the parties sought to contract specifically against the contingency of the owner selling to a prospect who had in the first instance been procured by the broker with the knowledge of the owner, and to whom the owner has sold directly either during or after the termination of the agency. There was a meeting of the minds that if such a situation occurred within three months of the termination of the agency the owner would be liable to the broker for commissions, which provision precludes the owner from proving, as was done in the Crutchfield [v. Western Electric Co.,] case, supra [ 66 Ga. App. 161 (1), 17 S.E. 2d 246 (1941)], that the negotiations had been abandoned in good faith and that the parties had thereafter entered into a new contact of which the broker was not the procuring cause. Three months is a reasonable time, and here the parties have fixed by agreement the length of time after the termination of the agency during which the broker has a right to insist upon his commission. The express provision for liability within the time limited implies its exclusion thereafter.”
1 later decision quote this exact passage“[t]he express provision for liability within the time limited implies its exclusion thereafter,”
1 later decision quote this exact passage
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.