Hale v. Kreisel’s Empirical Analysis

Citation profile

1 federal appellate · 22 state decisions

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.

1. ““ 'The statute was doubtless enacted for reasons similar to those which led to the enactment of the statute of frauds. It was to prevent frauds and perjuries. Its enforcement will sometimes protect brokers who have rendered valuable services too little appreciated. More often it will protect owners from unfounded claims. It will tend to prevent the flood of litigation arising out of misunderstandings between well-meaning persons. We believe that in order to carry out the legislative intent we should hold contracts void which do not substantially comply with the statute. In other words, that the statute means what it says.’ Gifford v. Straub, 172 Wis. 396, 399, 400 , 179 N. W. 600 . See also Danielson v. Goebel, 71 Neb. 300, 302 , 98 N. W. 819, 820 ; Selvage v. Talbott, 175 Ind. 648 , 95 N. E. 114 , 33 L. R. A. (N. S.) 973, 975. “To hold that there can be recovery upon quantum meruit is ‘to open the door to the very abuses the statute was enacted to prevent, and defeat its manifest purpose.’ Barney v. Lasbury, 76 Neb. 701, 705 , 107 N. W. 989, 991 . “. . . the rule in Wisconsin must be brought into harmony with the clear intent of the legislature and also into harmony with the adjudicated cases by holding that there can be no recovery in the nature of commissions by real-estate brokers or others upon quantum meruit for services rendered in buying or selling real estate. “. . . The obvious reasons for these decisions is that the application of the rule which permits recovery up”

   1 later decision quote this exact passage
   e.g. Otto v. Black Eagle Oil Co.

2. ““Every contract to pay a commission to a real-estate agent . . . for . . . negotiating a lease . . . [of real estate] for a term . . . exceeding . . . three years shall be void unless such contract . . . describing such real estate, expressing the . . . terms of rental, the commission to be paid and the period during which the agent . . . shall procure a . . . tenant, be in writing and be subscribed by the person' agreeing to pay such commission.””

   1 later decision quote this exact passage
   e.g. Brest v. Maenat Realty Co.

3. ““This statute clearly expresses the legislative intent that there shall be no recovery for such services in the absence of such a written contract. This statute is an extension or enlargement of the statute of frauds. It is as valid an exercise of the police power as are any of the other provisions of the statute of frauds which require certain contracts to be in writing.””

   1 later decision quote this exact passage
   e.g. 29 Wis. 2d 631 - Purtell v. Tehan