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← 137 W. Va. 299 - Moore v. Turner

137 W. Va. 299 - Moore v. Turner’s Empirical Analysis

1952

Citation profile

41
cited by 41 later decisions
5
states following
June 2009
most recently cited

39 state decisions

How this case has been cited

Cited by 41 later decisions — most recently June 2009 · most notably 145 W. Va. 797 - Overton v. Fields (1960), 138 W. Va. 639 - Matthews v. Cumberland & Allegheny Gas Co. (1953)

39 state decisions

220195219601970198019902000decided

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 Keys v. Johnson · 134 W. Va. 634 - Thomason v. Mosrie · Roche v. Smith · 134 W. Va. 619 - Chesapeake & Ohio Railway Co. v. Johnson · 35 Cal. App. 116 - Ryan v. Walker

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

  1. ““A broker is one who is engaged for others, on a commission, in negotiating contracts relative to property with the custody of which he has no concern; * C.J.S., Brokers, Section 1. “Every person whose business it is to negotiate purchases and sales of property with the custody of which he has no concern, neither with the original possession nor the delivery, is a broker.” Lawrence Gas Company v. Hawkeye Oil Company, 182 Iowa 179 , 165 N.W. 445 , 8 A.L.R. 192 . “A broker is a fiduciary required to exercise fidelity and good faith toward his principal in all matters within the scope of his employment.” 8 Am.Jur., Brokers, Section 86. Some additional definitions of a broker are: “A person employed to sell property for another * * *.” Abraham v. Wasaff, 111 Okla. 165 , 239 P. 138 ; a person “whose business it is to bring buyer and seller together.” Keys v. Johnson, 68 Pa. 42 ; and “ * * * a middleman whose business it is to bring seller and buyer together.” Ryan v. Walker, 35 Cal.App. 116 , 169 P. 417 .”
    1 later decision quote this exact passage
  2. ““ A broker is simply a middleman ... when he has no duty to perform but to bring the parties together, leaving them to negotiate and come to an agreement themselves without any aid from him. If he takes, or contracts to take, any part in the negotiations, however, he cannot be regarded a mere middleman, no matter how slight a part it may be.’ ””
    1 later decision quote this exact passage
  3. “A broker must act with the utmost good faith towards his principal and is under a legal obligation to disclose to his principal all facts within his knowledge which are or may be material to the transaction in which he is employed or which might influence the action of his principal in relation to such transaction.”
    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.