Munple Ltd Marcus Millichap Incorporated of San Francisco v. Munple Ltd Marcus & Millichap Incorporated of San Francisco’s Empirical Analysis
868 F.2d 1129 · 1989
Citation profile
6 federal appellate · 1 district ·
How this case has been cited
Cited by 19 later decisions — most recently June 2001
6 federal appellate · 1 district ·
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
Applies 11 U.S.C. § 365 · 11 U.S.C. § 503
Relies on National Labor Relations Board v. Bildisco & Bildisco · Pacific Express, Inc. v. Teknekron Infoswitch Corp. · Benevides v. Alexander · In Re Murtishi
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[An executory contract is] one on which performance is due to some extent on both sides.... [I]n executory contracts the obligations of both parties are so far unperformed that the failure of either party to complete performance would constitute a material breach and thus excuse the performance of the other. Marcus & Millichap Inc. v. Munple, Ltd (In re Munple), 868 F.2d 1129 , 1130 (9th Cir.1989); accord Griffel v. Murphy (In re Wegner), 839 F.2d 533, 536 (9th Cir.1988); Pacific Express Inc. v. Teknekron Infoswitch Corp. (In re Pacific Express), 780 F.2d 1482, 1487 (9th Cir.1986) (employing the definition of an executory contract formulated by Professor Countryman in Executory Contracts in Bankruptcy: Part I, 57 Minn. L.Rev. 439, 460 (1973); Fenix Cattle Co. v. Silver (In re Select-A-Seat), 625 F.2d 290, 292 (9th Cir.1980).”
2 later decisions quote this exact passage · from the majority“By the time the purchase agreement was signed, M & M [broker] had completed all the performance necessary to earn its commission if and when the sale closed. M & M had procured a buyer, which was all it was required to do to earn the commission. ... ... Although under the terms of the agreement M & M could receive its commission only if and when Munple and the buyer closed the sale, M & M had no material obligations left to perform. The condition precedent to Munple’s obligation to pay the commission imposed no further obligations on M & M, nonperformance of which would have excused Munple from paying the commission. Because M & M had done everything required of it to earn the commission, the commission provision in the purchase agreement was not execu-tory. In so concluding, we are in line with other decisions holding that brokerage commission agreements are performed when a buyer is procured, and are not made executory by a provision conditioning payment on closing the sale (Citations omitted.)”
1 later decision quote this exact passage · from the majoritye.g. In Re HSD Venture“Even if true, these facts do not render the commission agreement executory on M & M’s part after it produced the buyer. While M & M may have had both the authority and the incentive to render further services after the purchase agreement was signed, the critical question is whether M & M was required to perform such services in order to earn its commission.”
1 later decision quote this exact passage · from the majoritye.g. In Re HSD Venture
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.