Borinsky v. Cohen’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"It is generally alleged that the purchasers wrongfully and fraudulently informed the seller that the broker had nothing to do with the transaction and by such alleged fraud succeeded in purchasing the property for some unstated purchase price less the usual and customary real estate commission that otherwise would have been paid to the broker for the service that he allegedly rendered. As we understand this count, respondent attempts to allege in substance that the purchasers had unjustly enriched themselves at the expense of the broker to the extent of the reduction in purchase price by fraudulently representing that the broker was not instrumental in bringing about the transaction. As so construed, the second `count' might conceivably be strengthened by allegations adequate to support a cause of action at law. However, as set forth in this complaint the so-called `second cause of action' is fatally insufficient. See Ringler v. Ruby, 117 Or. 455 , 244 P. 509 , 46 A.L.R. 245 ; Allen v. Ramsey, 170 Okla. 430 , 41 P.2d 658 , 97 A.L.R. 1259 ; Keviczky v. Lorber, 290 N.Y. 297 , 49 N.E.2d 146 , 146 A.L.R. 1410 ; including Annotations to all three cases in A.L.R."”

   1 later decision quote this exact passage
   e.g. 159 So. 2d 893 - Franklin v. Brown