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B-H, INC. v. INDUSTRIAL AMERICA, INCORPORATED

253 A.2d 209 (1969)

B-H, INC., Defendant Below, Appellant, v. "INDUSTRIAL AMERICA", INCORPORATED, Plaintiff Below, Appellee. "INDUSTRIAL AMERICA", INCORPORATED, Plaintiff Below, Cross-Appellant, v. FULTON INDUSTRIES, INC., Defendant Below, Cross-Appellee, and B-H, Inc., Defendant Below.

Supreme Court of Delaware.

April 24, 1969.

Attorney(s) appearing for the Case

Max S. Bell, Jr., of Richards, Layton & Finger, Wilmington, for B-H, Inc., defendant below, appellant, and Fulton Industries, Inc., defendant below, cross-appellee.

David A. Drexler and Walter L. Pepperman, II, of Morris, Nichols, Arsht & Tunnell, Wilmington, for plaintiff below, cross-appellant and appellee.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

HERRMANN, Justice:

This is an appeal from a judgment for a broker's commission. The determinative question presented is the propriety of the instructions to the jury relative to the issue of procuring cause.

I.

Insofar as they need be recited for the purpose of this opinion, these are the pertinent facts:

The plaintiff "Industrial America", Incorporated was a broker specializing in the sale or merger...

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