Murphy v. Mallos’s Empirical Analysis

Citation profile

2 federal appellate · 8 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It should be noted that [one section of the statute regulating real estate brokers] expressly requires that a broker suing for a commission must allege and prove that he was duly licensed. There is a great difference between [that section, and another relied upon by the defendant to bar the broker’s action for a commission]. One, which covers licenses, prescribes punitive measures which may be invoked by the Real Estate Commission, and also bars a suit for commission by the broker unless he alleges and proves that he was duly licensed. The other, with which we are here concerned, sets out sixteen acts (including offering property for sale without the written consent of the owner) which shall constitute grounds for suspension or revocation of a license. The section says no more than that. It does not say that a broker who offers property for sale without the owner’s written consent shall lose his right to a commission. We think we have no right to read such additional punitive provision into the section.”

   1 later decision quote this exact passage
   e.g. Cevern, Inc. v. Ferbish