Herka Realty Co. v. La Salle Military Academy

The plaintiff’s evidence was insufficient to sustain the verdict upon the theory upon which, without objection from the plaintiff, the main charge proceeded. This was to the effect that it was incumbent upon the plaintiff to establish not only that it had brought the parties together, but that through its efforts the sale was consummated. The plaintiff’s evidence was merely to the effect that it had disclosed to the defendant the name of a proposed purchaser and that this disclosure was made upon the defendant’s promise that if the sale was made to such purchaser, the plaintiff would be paid…