Hardy v. Davis’s Empirical Analysis

Citation profile

1 district · 44 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““During the term of the agency, a real estate broker cannot act for both vendor and vendee in respect of the same transaction because of possible conflict between his interest and his duty in such case, and he must disclose .to his principal all facts or information which may be relevant or material in influencing the judgment or action of the principal in the matter. Coppage v. Howard, 127 Md. 512, 523 ; Restatement (Second), Agency Sec. 381.” Id. at 232.”

   3 later decisions quote this exact passage · from the majority
   e.g. Banner v. Elm · 75 Md. App. 1 - Proctor v. Holden

2. ““The rule is that after the agency has terminated, the obligations the agent bears during the agency, including the duty of disclosure, generally no longer exist. The books spell out the accepted rule that an authority created to perform a specific act or accomplish a particular result is terminated when the purpose which called it into being is achieved. Mechem, Agency (2nd Ed.), Secs. 552b, 553. Thus, where an agent, employed to sell property, has procured a purchaser and the sale has been made, absent particular agreement to the contrary or unusual circumstances, the agency is terminated and the agent is free to act for himself or the opposing party as long as he does not hinder, delay or interfere with the sale which has been entered into by the seller and the purchaser. An instruction to this effect, in a case where a broker originally employed by the seller represented the purchaser at the settlement, was approved in Mayne v. Eig, 215 Md. 270 , 282 because the instruction * * relates only to actions subsequent to the signing of the contract.’ In Owners Realty Co. v. Cook, 123 Md. 1,4 , the broker was a lawyer and the buyer he produced was his father. After the contract was signed, the broker examined the title as lawyer for his father, the purchaser. He raised several questions which did not appear unreasonable or designed to avoid the sale. The general rule against dual representation during the agency was recognized but found inapplicable because when the contract was”

   2 later decisions quote this exact passage · from the majority
   e.g. Gross v. J & L Camping & Sports Center, Inc. · Sears v. Polan's 5¢ to $1.00 Store of Annapolis, Inc.

3. “Unless otherwise agreed, after the termination of the agency, the agent: (d) has a duty to the principal not to take advantage of a still subsisting confidential relation created during the prior agency relation.”

   1 later decision quote this exact passage · from the majority
   e.g. 124 Md. App. 679 - Lerner Corp. v. Three Winthrop Properties, Inc.