McMurran v. Duncan’s Empirical Analysis
1916
Citation profile
4 state decisions
How this case has been cited
Cited by 4 later decisions — most recently January 1942
4 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 United States Cement Co. v. Cooper · Gerard-Fillio Co. v. McNair · Keith v. Smith · McReynolds v. People · Brown v. Corbin
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is further contended by the appellee, that, notwithstanding the agreement was not in writing, still he is entitled to recover upon the ground of full performance on his part. We think to sustain this' proposition would render nugatory the statute. The very nature of a broker’s or agent’s contract is such that in no instance could suit be maintained until the services had been rendered. . . . “We are of the opinion that under the law of this state, as it now exists, no action can be brought upon an agreement authorizing or employing an agent or a broker to purchase or sell either real or personal property for compensation or commission, unless the agreement or some memorandum thereof is reduced to writing and signed by the party to be charged therewith or by some person by him thereunto lawfully authorized. Neither will performance on the part of the agent or broker of his part of the contract take the sanie out of the statute of frauds so as to authorize an action to be brought .upon the contract if it be not in writing and signed.””
1 later decision quote this exact passage““No action shall be brought in any court in the following cases, unless the promise or agreement upon which such action shall be brought, or some memorandum thereof, shall be in writing and signed by the parties to be charged therewith, or by some person by him thereunto lawfully authorized: . . . “7. Upon an agreement authorizing or employing an agent, or broker to purchase or sell real property, or mines, for compensation or a commission. ...” Section 1521, Rev. Code, 1928.”
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.