Watts v. Barber’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Clearly, if it should be shown upon another trial of this action that the trade was closed through the agency of Harris on Saturday night and that the owner was not advised by Mrs. Barber until the following Monday that Whitney Dunlap was her customer, then the court should peremptorily instruct the jury to find for the defendant. The record before us fails to disclose whether the contract to sell was made before or after Mr. Watts received this information, and the jury therefore was authorized to infer that the contract was not finally made until appellant was advised of tbe claim of Mrs. Barber. “It is not denied that appellee did not have an exclusive agency. Tbe mere listing of tbe property with her certainly gave ber no exclusive right to make tbe sale. The proof indicates that appellee may bave struck the spark which ultimately resulted in a sale being made, but it is by no means satisfactorily shown that ber efforts were in any way tbe procuring cause of tbe consummation of tbe trade. On tbe contrary, tbe proof shows that another real estate agent actually closed the trade and received a commission.””

   1 later decision quote this exact passage
   e.g. Watts v. Barber