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← 125 SO2D 909 - Mohawk, Inc. v. Cohen

Mohawk, Inc. v. Cohen’s Empirical Analysis

1961

Citation profile

5
cited by 5 later decisions
1
states following
June 1986
most recently cited

5 state decisions

How this case has been cited

Cited by 5 later decisions — most recently June 1986

5 state decisions

20196119701980decided

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 Ballas v. Lake Weir Light & Water Co. · Murphy v. Green · Walker and McClelland v. Chancey · Langford v. King Lumber & Manufacturing Co. · Batchelder v. Prestman

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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “"Regarding the commissions earned in connection with services rendered by the undersigned, as brokers, in the matter of negotiating a lease on your behalf, * * *: "`You are to pay the total amount of $137,600 as commission for these services. "`It is understood and agreed that the commissions are to be paid over a period of ten years in installments of $13,750 per year as and when the rent is collected by you as lessor under the terms of the lease; it being understood that the first payment shall be made at the time of the closing. "`In accordance with the understanding and agreement of the undersigned parties, this shall act as your authorization to disburse the above stated commission payments in the following manner: "`50% of the amount due in each event shall be paid to the order of Julius Jay Perlmutter Associates, Inc. and the remaining "`50% to the order of Joe Cohen. "`It is specifically understood and agreed that any commissions due or any commissions remaining unpaid under this lease, such amounts of commissions due or remaining unpaid shall automatically become due and payable in full, in the event of the sale by you, your heirs or assigns, of any of the above leased properties.'"”
    1 later decision quote this exact passage
  2. “"The case at bar presents a situation where the broker was proceeding on a contract under which his commission was to be paid out of a particular fund `as and when the rent is collected.' Since the fund did not materialize, the broker could not recover on his contract."”
    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.