Bourgoin v. Fortier’s Empirical Analysis
1973
Citation profile
2 federal appellate · 1 district · 5 state decisions
How this case has been cited
Cited by 8 later decisions — most recently January 2005
2 federal appellate · 1 district · 5 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 Louis Schlesinger Co. v. Rice · Monk v. Morton · 261 Cal. App. 2d 399 - Carlsen v. Zane · Loose-Wiles Biscuit Co. v. Deering Village Corp. · 119 So. 2d 722 - Nicholas v. Bursley
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A]n exclusive right to sell .. . should be created only by clear and unambiguous language. The owner of property — frequently unfamiliar with the terminology of brokerage transactions — should not be held to give up the right to sell his own property unless this right is expressly negatived by the contract. .. . One seeking to create an exclusive right to sell ... must do so in an express and unambiguous manner within the four corners of the contract. Only in this way can the often unwary and unsophisticated property owner be divested of his inherent right to sell land which he still owns. [Id. at 620.]”
1 later decision quote this exact passagee.g. Kendrick v. Kennedy“the undersigned, as owner, gives the above named agent the exclusive right of sale or exchange to said property at the price and on the terms herein stated, ...”
1 later decision quote this exact passage“Only in this way can the often unwary and unsophisticated property owner be divested of his inherent right to sell land which he still owns.”
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.