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← 65 N.J. 301 - McCann v. Biss

McCann v. Biss’s Empirical Analysis

1974

Citation profile

37
cited by 37 later decisions
2
states following
June 2019
most recently cited

37 state decisions

How this case has been cited

Cited by 37 later decisions — most recently June 2019 · most notably 14 Cal. 3d 815 - Buckaloo v. Johnson (1975), VRG Corp. v. GKN Realty Corp. (1994)

37 state decisions

12019741980199020002010decided

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 Ellsworth Dobbs, Inc. v. Johnson · Louis Kamm, Inc. v. Flink · Louis Schlesinger Co. v. Rice · Harris v. Perl · C. B. Snyder Realty Co. v. National Newark & Essex Banking Co.

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

  1. “Judges should always state their reasons so that counsel and an appellate tribunal may be fully informed.”
    3 later decisions quote this exact passage · from the majority
  2. “We are of the opinion that, as a general proposition, a broker, who may not recover commissions from a seller directly by reason of the statute of frauds, may not accomplish the same result indirectly by a claim against the seller for wrongful interference with the broker's reasonable expectancy of economic benefit. That expected benefit has to be the payment of commission by the seller, but the basis thereof is in turn the oral agreement between broker and seller which is void and unenforceable by reason of the statute. Such a claim actually seeks to enforce the oral agreement, amounts to an effort to evade the statute, and like a claim in quantum meruit, would substantially undercut the law and its spirit. It cannot be allowed.”
    1 later decision quote this exact passage · from the majority
  3. “"No broker ... selling ... real estate for or on account of the owner shall be entitled to any commission for such sale..." unless his authority is in writing or recognized in a writing, signed by the owner or his authorized agent, before or after the sale, which states therein the rate or amount of commission or unless the broker serves a notice in writing on the owner within five days of the making of an oral agreement setting forth the terms thereof.”
    1 later decision quote this exact passage · from the majority

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.