Industrial v. Fulton (Delaware)
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| Industrial v. Fulton (Delaware) | |
| Court | Delaware Supreme Court |
|---|---|
| Citation | 285 A.2d 412 |
| Date decided | October 21, 1971 |
Facts
- Bush Hog, Inc. = "B-H" = a farm machinery company
- Industrial America, Inc. = "Industrial" = plaintiff = a broker specializing in the merger of businesses = middleman
- Fulton Industries, Inc. = "Fulton" = defendant = a company ready to merge
- Industrial connected B-H & Fulton
- B-H & Fulton sidestepped Industrial (middleman).
- B-H & Fulton merged with each other without further assistance from Industrial.
Procedural History
Industrial sued both B-H & Fulton to recover a broker's commission
The trial court in Delaware awarded a $150,000 commission against B-H
However, the trial court decided that Fulton didn't have to pay a commissionIssues
Does a rebuttable presumption of acceptance by performance exist if an offer invites acceptance by performance?
Holding
Yes. A rebuttable presumption of acceptance by performance exists if an offer invites acceptance by performance.
Industrial is entitled to a $150,000 broker's commission from Fulton, too.Judgment
Reversed.
Reasons
Justice Herrmann: Industrial & Fulton created a unilateral contract.
Rule
Resources
