Leimbach v. Nicholson’s Empirical Analysis
1959
Citation profile
4 federal appellate · 42 state decisions
How this case has been cited
Cited by 48 later decisions — most recently December 2000 · most notably Damazo v. Wahby (1970), Ricker v. Abrams (1971)
4 federal appellate · 42 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 Keener v. Harrod · Rosenfield v. Wall · Heslop v. Dieudonne · Steele v. Seth · Attrill v. Patterson
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A]n owner may not take advantage of a broker’s services to secure a prospective purchaser and then deprive him of his commissions by selling directly to his client at a price less than the broker could sell under his authority, particularly where the authority is unrevoked.... In such a case the inference may be drawn that the broker was in fact the procuring cause, and that the owner’s refusal to accept the offer submitted was a subterfuge to avoid payment of commissions [that] the broker had fairly earned. In the relatively few cases in which the sale has ultimately been made through other means at a higher price, and where there was no prospect of success when negotiations through the first broker terminated, it has been held that the dual inference, first, that the first broker was the procuring cause of the sale, and second, that the sale at a higher price was a subterfuge to defeat the first broker’s right to commissions, does not arise.... The Murphy case suggests that the rule might not have been applicable if as the broker there contended but failed to show, the buyer was desirous of purchasing the property and was willing, even before the broker’s efforts ceased, to pay the price which he subsequently did pay.”
3 later decisions quote this exact passage · from the majority“must establish, however, that he is the primary, proximate and procuring cause, and it is not enough that he may have planted the seed from which the harvest was reaped.”
2 later decisions quote this exact passage · from the majority“[T]he term ‘bad faith,’ in this connection, imports a termination for the purpose of defrauding the broker, after his efforts have put the owner in a position to close the sale on substantially the terms stated. If the broker has not met the conditions of his employment, the owner is not precluded from seeking other assistance by means of which a sale is ultimately effected on terms more favorable to him, even though to the same prospect introduced by the first broker.”
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.