B-H, Inc. v. "Industrial America", Inc.

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 of businesses. Acting through its president and principal stockholder, Millard B. Deutsch, the plaintiff first communicated in 1964 with Bush Hog, Inc. (now known as B-H, Inc., defendant herein)…