Hall v. Hard’s Empirical Analysis
1960
Citation profile
6 federal appellate · 81 state decisions
How this case has been cited
Cited by 87 later decisions — most recently June 2013 · most notably Colonial Savings Ass'n v. Taylor (1976), Coastal Plains Development Corp. v. Micrea, Inc. (1978)
6 federal appellate · 81 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 Wichita Falls & Oklahoma Railway Co. v. Pepper · Interstate Commerce Commission v. Baird · McAfee v. Travis Gas Corp. · Le Master v. Fort Worth Transit Co. · Ryan v. Carter
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 87 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““If the Hall properties, which Hard testified he was employed by Hall to sell, consisted, in part, of the leases on the terminals above set out, then Hard is seeking to recover a commission on the sale of real estate. Under the provisions of Sec. 19 of Art. 6573a, it was the burden of Hard to plead and prove he was a duly licensed real estate broker, or salesman, at the time the alleged cause of action arose. * * * * ‡ * “It is made a criminal offense to engage in the business of a real estate broker, or salesman, without having procured the license as aforesaid. In addition, Sec. 19 denies the use of the courts of our State to a real estate broker for the recovery of his commission unless such broker seeking recovery alleges in his pleadings and proves by the evidence introduced in the case that he was a duly licensed real estate broker, or salesman • • [W]e hold that when a fact issue is raised as to whether or not the properties sold by the broker included any real estate, the burden is upon the . broker to secure findings that no real estate was included.” (at 589)”
4 later decisions quote this exact passage · from the majority““Our courts have required a strict compliance with the terms of the Real Estate Dealers License Act if a broker is to use the courts for recovery of his fees or charges for his services. In the case at bar it is undisputed that plaintiff was not a licensed real estate broker. On this phase of the case, therefore, he can only recover by showing that he was not employed to sell any real estate. If there is an issue as to whether or not his employment included the sale of any real estate, then he must secure findings that will relieve him of the requirements of the Act. If only the sale of personal property is involved, the broker is not under the terms of the Act. Plaintiff’s cause of action was based upon one ground of recovery, to wit: the contract to pay him a commission for procuring a purchaser for the Hall properties. One of the elements- of this ground of recovery, under the facts as they developed upon the trial, was whether or not the terminal leases were a part of such Hall properties. This question presents a fact issue. There being no request for a jury issue on this question, and therefore no jury finding, it was for the trial court to make a finding on this issue, upon proper request. Rule 279, Franki’s Vernon’s Annotated Rules of Civil Procedure .” (Emphasis Added)”
3 later decisions quote this exact passage · from the majority“. a person who, for another person and for a fee, commission, or other valuable consideration, or with the intention or in the expectation or on the promise of receiving or collecting a fee, commission, or other valuable consideration from another person: (A) sells, exchanges, purchases, rents or leases real estate; (B) offers to sell, exchange, purchase, rent, or lease real estate; (C) negotiates or attempts to negotiate the listing, sale, exchange, purchase, rental, or leasing of real estate; (D) lists or offers or attempts or agrees to list real estate for sale, rental, lease, exchange, or trade; (E) appraises or offers or attempts or agrees to appraise real estate; (F) auctions, or offers or attempts or agrees to auction, real estate; (G) buys or sells or offers to buy or sell, or otherwise deals in options on real estate; (H) aids, attempts, or offers to aid in locating or obtaining for purchase, rent, 'or lease any real estate; (I) procures or assists in the procuring of prospects for the purpose of effecting the sale, exchange, lease, or rental of real estate; or (J) procures or assists in the procuring of properties for the purpose of effecting the sale, exchange, lease, or rental of real estate.”
2 later decisions 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.