Lewis v. Smith’s Empirical Analysis
1946
Citation profile
2 federal appellate · 25 state decisions
How this case has been cited
Cited by 27 later decisions — most recently March 1993 · most notably Alford, Meroney & Co. v. Rowe (1981), 61 So. 2d 318 - Flynn v. McGinty (1952)
2 federal appellate · 25 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 Dallas Electric Supply Co. v. Branum Co. · Howard v. Howard · Bomar v. Munn · Popplewell v. Buchanan · French v. Love
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[The contract] did more than merely name plaintiffs as defendant’s “exclusive agents” but plainly gave them “the exclusive right to sell said property” during the life of the contract. [W]hen, as in this case, the contract grants exclusive agency and “the exclusive right to sell” along with a promise to pay the commission in case of a sale being made, the owner may not sell to any person, during the life of the contract, whether produced by the agent or not, without incurring liability to the agent for brokerage under the contract.”
1 later decision quote this exact passage““. . .In the absence of an express renunciation of a known right, a waiver will not be presumed or implied contrary to the intention of the party whose rights would be injuriously affected thereby, unless by his conduct the opposite party has been misled to his prejudice into an honest belief that such waiver was intended or assented to. . . . ””
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.