INDUSTRIAL AMERICA, INC. v. FULTON INDUSTRIES, INC.


285 A.2d 412 (1971)

"INDUSTRIAL AMERICA", INCORPORATED, Plaintiff Below, Appellant, v. FULTON INDUSTRIES, INC. and Allied Products Corporation, Defendants Below, Appellees, and B-H, Inc., Defendant Below. B-H, INC., a corporation of the State of Delaware, Defendant Below, Appellant, v. "INDUSTRIAL AMERICA", INCORPORATED, Plaintiff Below, Appellee.

Supreme Court of Delaware.

October 21, 1971.


Attorney(s) appearing for the Case

David A. Drexler and Richard S. Paul, of Morris, Nichols, Arsht & Tunnell, Wilmington, for "Industrial America", Inc.

Max S. Bell, Jr., of Richards, Layton & Finger, Wilmington, for B-H, Inc., Fulton Industries, Inc. and Allied Products Corporation.

Before WOLCOTT, Chief Justice, and CAREY and HERRMANN, Associate Justices.


HERRMANN, Justice.

These appeals arise in an action for a broker's commission.

A prior opinion of this Court in the cause appears at 253 A.2d 209 to which reference is made for a statement of the basic facts. Upon remand under that opinion, the plaintiff moved to amend its complaint as to the defendant Fulton. See 253 A.2d at 215. The Trial Court denied the motion to amend and the...

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