Shook v. Parton’s Empirical Analysis

Citation profile

2 federal appellate · 12 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We repeat that, in our opinion, the undisputed evidence in this case showed that, through the efforts of appellee, appellants’ broker, the Boyn-ton Lumber Company, became interested in the purchase of appellants’ mill plant, and the evidence was sufficient to warrant the jury’s finding in answer to one of the special issues that during the negotiations between appellee and appellant for the sale and purchase of the mill plant appellants themselves sold the property to the Boynton Lumber Company. This of itself showed, as a matter of'law, that appellee was the procuring cause of the sale by appellants of their mill plant to the Boynton Lumber Company, and entitled him to the commission under the terms of his contract for his services as broker, which was, as we have construed tlje contract, $3,000.””

   1 later decision quote this exact passage
   e.g. Air Conditioning, Inc. v. Harrison-Wilson-Pearson

2. ““The certainty of the contract may be aided by parol only with certain limitations. The essential elements may never be supplied by parol. The details which merely explain or clarify the essential terms appearing in the instrument may ordinarily he shown by parol. But the parol must not constitute the framework or skeleton of the agreement. That must be contained in the writing. Thus, resort to extrinsic evidence, where proper at all, is not for the purpose of supplying the location or description of the land, but only for the purpose of identifying it with reasonable certainty from the data in the memorandum.” (Emphasis supplied.)”

   1 later decision quote this exact passage
   e.g. West v. Barnes

3. ““The jury found that appellee was the procuring cause of the sale of the land and the evidence is amply sufficient to support such finding. It has been held that a real estate broker is entitled to a -commission for effecting a sale, if he is the efficient cause of the sale by bringing the parties together by negotiations, although the sale is thereafter concluded by the . owner himself. Spires v. Mann, Tex.Civ.App., 173 S.W.2d 200 .””

   1 later decision quote this exact passage
   e.g. Air Conditioning, Inc. v. Harrison-Wilson-Pearson