Tec Corporation v. Nuclear Dynamics, Inc.

This is an appeal from a judgment holding Appellee not liable to pay a commission or finder’s fee to Appellants. Appellants argue that they are entitled to a commission based upon an agreement of September 3, 1971. This agreement stated that if Appellee purchased certain coal property from Potter and Walters Coal Company, Appellants TEC Corporation, Louis Egan, and Robert Barbre would receive from Appellee $75,000, $25,000, and $25,000 respectively. The agreement stated, however,

Such payment shall become due and payable only in the event that (and at the time that) [Appellee] shall exercise…