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← 197 VA 298 - Campbell v. Sickels

Campbell v. Sickels’s Empirical Analysis

1955

Citation profile

25
cited by 25 later decisions
3
states following
March 2004
most recently cited

6 federal appellate · 19 state decisions

How this case has been cited

Cited by 25 later decisions — most recently March 2004 · most notably Landmark Financial Services v. Hall (1990), 163 N.C. App. 114 - Resort Realty of the Outer Banks, Inc. v. Brandt (2004)

6 federal appellate · 19 state decisions

70195519601970198019902000decided

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 Duncan v. Barbour · R. A. Poff & Co. v. Ottaway · Leicht-Benson Realty & Construction Corp. v. J. D. Stone & Co. · Epes' Administrator v. Hardaway · Washington v. Garrett

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

  1. ““There is a distinction in the duties imposed upon a broker between a mere listing property for sale with him and a special contract of employment. In commenting upon this distinction, Judge Prentis, in Leicht-Benson Corp. v. Stone & Co., 138 Va. 511, at 514 , 121 S. E. 883 , 43 A. L. R. 1100, said: ‘One distinction which seems sometimes to be overlooked is as to the specific character of the employment. If the broker is employed generally to find a purchaser and introduce him to the owner and they negotiate the sale, the broker is entitled to his commissions, but a different rule applies, or should apply, where the terms of sale are specifically fixed in advance and the broker’s authority is limited to finding a purchaser who will buy the property upon the prescribed terms. In the latter instance in the absence of deceit or fraud on the part of the owner, the broker is entitled to no commission unless he finds such a purchaser. ... A broker is never entitled to commission for failing to perform his contract. To entitle him to his commissions, he must succeed and he must take the entire risk of failure for his reward comes only as a consequence of his success. He may devote his time and labor and expend his money with ever so much devotion to the interest of the owner and yet if he fails to procure a purchaser’ willing, and able to buy upon the terms and conditions fixed by the principal ‘he does not earn his commissions.’ This case and many others are reviewed in Edwards v. ”
    1 later decision 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.