Legal Opinion

E.B. Harper & Company, Incorporated v. Nortek, Incorporated

Court of Appeals for the Seventh Circuit

Decided January 13, 1997No. 95-3948PublishedCited by 31 opinions

1Opinion of the Court

RIPPLE, Circuit Judge.

E.B. Harper & Co. (“Harper”) is a business finder that charges a fee for introducing its clients to companies interested in buying, selling or merging. Harper introduced Nor-tek, Inc. to the Bend Millwork Companies and its principals, Arthur A. Pozzi and Randall A. Pozzi. Nortek eventually bought Bend Millwork; as part of the consideration for the acquisition, Nortek agreed to pay the Pozzis yearly “earn-out payments,” defined as a percentage of the company’s net earnings over a five-year period. Under its fee agreement with Nortek, Harper was entitled to an amount equal…

2Cases cited42 opinions

  1. Marrese v. American Academy of Orthopaedic SurgeonsSupreme Court of the United States · 1985
  2. Emich Motors Corp. v. General Motors Corp.Supreme Court of the United States · 1951
  3. Matsushita Electric Industrial Co. v. EpsteinSupreme Court of the United States · 1996
  4. Dan Beraha, M.D. v. Baxter Health Care CorporationCourt of Appeals for the Seventh Circuit · 1992
  5. Dayan v. McDonald's Corp.Appellate Court of Illinois · 1984

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3Cited by31 opinions

  1. James W. Adair v. Michael L. Sherman and Sherman & ShermanCourt of Appeals for the Seventh Circuit · 2000
  2. Association of Apartment Owners of Newtown Meadows Ex Rel. Board of Directors v. Venture 15, Inc.Hawaii Supreme Court · 2007
  3. Reeves v. DavisCourt of Appeals for the Seventh Circuit · 2011
  4. Hal D. Hicks v. Midwest Transit, Inc., an Illinois CorporationCourt of Appeals for the Seventh Circuit · 2007
  5. American National Bank & Trust Company of Chicago, Not Individually, but as Trustee Under Trust No. 107796-01, Plaintiff-Counter-Defendant v. Regional Transportation Authority, a Municipal Corporation, and Commuter Rail Board, Its Rail Division, Defendants-Counter-Plaintiffs, Third/party-Plaintiffs- and Northeast Illinois Regional Commuter Railroad Corporation, Defendant-Counter-Plaintiff-Appellant, Cross-Appellee v. W/h Limited Partnership No. 17, an Illinois Limited Partnership, Walsh, Higgins & Company, an Illinois Corporation, and Congress Concourse Limited Partnership, an Illinois Limited Partnership, Third/party-Defendants-AppelleesCourt of Appeals for the Third Circuit · 1997

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