Taylor v. Unger’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Any agreement entered into subsequent to the first day of July, 1949, authorizing or employing an agent or broker to purchase or sell lands, tenements, or hereditaments or any interest in or concerning them, for a commission or other compensation, shall be void unless the agreement, or some memorandum or note thereof shall be in writing and signed by the person to be charged therewith, or some other person thereunto by him lawfully authorized. No such agreement or employment shall be considered exclusive unless specifically so stated therein.””

   2 later decisions quote this exact passage
   e.g. Herrell v. Piner · Yrisarri v. Wallis

2. ““ * * * The written agreement itself provided for the payment of a commission on any acceptable selling price. ■ The'offer and acceptance of a lower price did not change the terms or conditions-.of the written agreement. Pos-sibly, if the agreement had been silent as to: payment of a commission on a lesser i.price 'and .on different terms, a different . -holding, would be warranted but we need : not:.discuss the question'at'length. We • nicrelyimbntion the. fact that .some courts in construing similar. statutes”, hold ..that ..when a note or memorandum is sufficient to show authority in the agent to act as to a definite piece of property, other terms, such as an agreement to pay a commission or even the amount, may be shown by parol, Moore v. Borgfeldt, 96 Cal.App. 306 , 273 P. 1114 , while others hold that where subsequent terms are agreed upon, such changes must also be reduced to writing, so long as the contract remains executory. Cobb v. Warren, 64 Mont. 10 , 208 P. 928 ; Bateman v. Richard, 105 Okl. 272 , 232 P. 443 ; McFadden v. Pyne, 46 Colo. 319 , 104 P. 491 .””

   1 later decision quote this exact passage
   e.g. Maine v. Garvin