Roberts v. Markham’s Empirical Analysis
1910
Citation profile
40 state decisions
How this case has been cited
Cited by 40 later decisions — most recently February 1964 · most notably Menten v. Richards (1915), Hamilton v. Blakeney (1917)
40 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 Graves v. Bains & Woodward · Tyler v. Parr · McCann v. McCann · Scott v. Patterson & Parker · Lincoln v. McClatchie
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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The exclusive right to sell not being given. the owner may sell independent of the agent, and in such case he will not be liable to the agent for the commission, unless he sells to a purchaser procured by the agent, Birch v. McNaught, 23 Okla. 634 , 101 Pac. 1049 ; 1 Ballard on the Law of Real Property (4th Ed.) sec. 361; In the case of Tyler v. Parr, 52 Mo. 249 , it is said: “ ‘The law is well established that, in a suit by a real estate agent for the amount of his commission, it is immaterial that the owner sold the property and concluded the bargain. If, after the property is placed in the agent’s hands, the sale is brought about or procured by his advertisements and exertions, he will be entitled to his commissions ; or if the agent introduces the purchaser, or discloses his name to the seller, and through such introduction or disclosure negotiations are begun, and the sale of the property is effected, the agent is entitled to his commission, though the sale may be made by the owner.’ ””
1 later decision quote this exact passagee.g. Cornell v. Howe““The commission for the sale of a certain lot in the city of Muskogee is involved in this action. The case having been tried by the court without the intervention of a jury, and a general finding having been made in favor of the plaintiffs, the same is a finding of every special thing necessary to be found in order to sustain the general finding, and is conclusive upon this court upon all doubtful and disputed questions of fact.””
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.