Morgan v. Wheeler’s Empirical Analysis
1939
Citation profile
26 state decisions
How this case has been cited
Cited by 26 later decisions — most recently May 1988 · most notably Maltby v. Sumner (1950), Shepard v. John Hancock Mutual Life Insurance (1962)
26 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 Roxana Petroleum Corp. v. Jarvis · Sipes v. Pessemier · Plant v. Thompson · Fleming v. Campbell · Karr v. Moffett
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Ambiguity in a conveyance does not appear until application of pertinent rules of interpretation to the face of the instrument leaves it genuinely uncertain which one of two or more meanings is the proper meaning.” (Our italics.) (Roxana Petroleum Corp. v. Jarvis, 127 Kan. 365, 372 , 273 Pac. 661 .)”
3 later decisions quote this exact passage · from the majority““In arriving at this conclusion the court is not unmindful of its long-established, liberal attitude towards the rights of real-estate agents who bring buyer and seller together, whereby a bargain is effected, although not upon the terms originally given to the agent. (Ratts v. Shepherd, 37 Kan. 20 , 14 Pac. 496 ; Plant v. Thompson, 42 Kan. 664 , 22 Pac. 726 ; Grimes v. Emery, 94 Kan. 701 , and citations, 146 Pac. 1135 .) The case before us is circumscribed by the terms of the specific contract under which — and only under which— the defendants were to be obligated (Fultz v. Wimer, 340 Kan. 576 , 9 Pac. 316 ); and here, also, there is no element of bad faith on the part of the defendants in dealing independently with Anderson, the purchaser.” (p. 695.)”
1 later decision quote this exact passage · from the majoritye.g. Morgan v. Wheeler““Contingent upon the following conditions: That the lease now in negotiation shall actually be consummated, signed, executed and delivered by the parties, and if said lease is not so executed, whether it be the fault of either the lessor or the lessee, no commission or liability for commission shall exist on the part of said 'owner’ (defendant) . . . The ‘broker’ (plaintiff) accepts the conditions of this agreement in lieu of and in full compensation for his services in connection with said lease . .”
1 later decision quote this exact passage · from the majoritye.g. Morgan v. Wheeler
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.