Gallant v. TODD’s Empirical Analysis
1960
Citation profile
2 district · 7 state decisions
How this case has been cited
Cited by 9 later decisions — most recently October 1989
2 district · 7 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 Halsey v. Morteiro · D. N. Toohey & Co. v. Davis · Wharton v. Tolbert · Shillinglaw v. Sims · Bolen v. SMITH
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Land. Unless the price and other terms have been completeley stated by the principal, it is the normal inference that an agent employed “to buy” or “to sell” land and not given a formal power of attorney is authorized merely to find a seller or a purchaser with whom the principal is to conduct the final negotiations. This inference is strengthened if the agent is a broker who ordinarily merely solicits; even where the complete terms have been set out, it is ordinarily inferred that such a person is employed merely to find a customer. Authority to accept or to make a conveyance of land for the principal is found only if clearly expressed in the authorization or clearly indicated by the circumstances. (Emphasis added.)”
2 later decisions quote this exact passage“contained in the contract implies authority to enter into a contract for the sale of the property. As shown in the A.L.R. annotations heretofore mentioned ( 43 A.L.R.2d 1029 ), when used in contracts between real estate agents and owners of land, this term is generally given the restricted and conventional meaning of power to find a purchaser and alone is not sufficient to empower a real estate agent to enter into a contract of sale. In Restatement, Agency, Section 53, it is stated that authorization”
1 later decision quote this exact passagee.g. Plunkett v. Marsh
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.