Howard v. Street’s Empirical Analysis

Citation profile

3 federal appellate · 2 district · 28 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We understand the rule to be this (in the absence of proof of usage): That the mere fact of the agent having introduced the purchaser to the seller, or disclosed names by which they came together to treat, will not entitle him to compensation; but if it appears that such introduction or disclosure was the foundation on which the negotiation was begun and conducted, and the sale made, the parties cannot afterwards, by agreement between themselves, withdraw the matter from the agent’s hands, so as to deprive him of his commission.””

   1 later decision quote this exact passage · from the majority
   e.g. Claiborne v. Brophy

2. ““ ‘It is well settled with the authorities generally, and in this state, that a broker is entitled to his commissions if the sale effected can be referred to Ms instrumentality. * * * If the agent is the procuring cause of the sale made, he will be awarded his commissions.’ * * * The fact that the appellant took the negotiations into his own hands, and changed the terms, could not affect the agent’s right to commissions, provided he was the procuring cause of the sale.””

   1 later decision quote this exact passage · from the majority
   e.g. Claiborne v. Brophy