70 Misc. 2d 306 - Tulp v. Padula’s Empirical Analysis

Citation profile

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

1. “Where there is a contract of employment between the purchaser and the broker which does not expressly exclude the broker’s right to commission unless the purchaser actually enters into a contract of sale, the purchaser’s refusal to contract with a seller willing to contract on the purchaser’s terms makes the purchaser liable to the broker for the commission the broker would have received from the seller. This liability is predicated upon the proposition that when the prospective purchaser knows that the broker will earn a commission from the seller, the law will imply a promise on the part of the prospective purchaser to complete the transaction, and if he fails or refuses to do so without a valid reason, the prospective purchaser becomes liable to the broker for breach of an implied promise, with damages chargeable to him measured by the amount of commission the broker would have earned.”

   1 later decision quote this exact passage
   e.g. Parke-Hayden, Inc. v. Loews Theatre Management Corp.