Benham v. Heyde’s Empirical Analysis
1950
Citation profile
4 federal appellate · 48 state decisions
How this case has been cited
Cited by 52 later decisions — most recently May 2009 · most notably 29 Colo. App. 313 - Inter-State Detective Bur., Inc. v. Denver Post, Inc. (1971), In Re the Marriage of Ikeler (2007)
4 federal appellate · 48 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 Roman v. Lobe · McManus v. Fulton · Hunt v. Douglas Lumber Co. · Garvin v. Gordon · Samples v. Board of County Commissioners
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“`that general rule does not have application in a case of this kind in which an unlicensed member of a profession or trade seeks to recover from a licensed member for services rendered or labor performed pursuant to a contract entered into by them.'”
2 later decisions quote this exact passage · from the majority“"(a) A `real estate broker', as used in this article, means any person, firm, partnership, association, or corporation who, in consideration of compensation by fee, commission, salary, or anything of value, or with the intention of receiving or collecting such compensation, engages in or offers or attempts to engage in, either directly or indirectly, by a continuing course of conduct or by any single act or transaction, any of the following acts: . . . . . . "(j) Negotiating or attempting or offering to negotiate the listing, sale, purchase, exchange, or lease of a business or business opportunity or the good will thereof, or any interest therein, when such act or transaction involves, directly or indirectly, any change in the ownership or interest in real estate, or in a leasehold interest or estate, or in a business or business opportunity which owns an interest in real estate or in a leasehold; unless such act or acts are performed by any broker-dealer or insurer-dealer licensed under the provisions of article 1 of Chapter 125, C.R.S.1963, who is actually engaged generally in the business of offering, selling, purchasing, or trading in securities, or any officer, partner, salesman, employee, or other authorized representative or agent thereof."”
1 later decision quote this exact passage · from the majority
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.