Tuesday, March 26, 2013

Industrial America, Inc. v. Fulton Industries, Inc. case brief

Industrial America, Inc. v. Fulton Industries, Inc. case brief summary
285 A.2d 412 

SYNOPSIS:Cross-appeals were brought from an order of Superior Court (Delaware) in an action for a broker's commission.

OVERVIEW: Plaintiff acted as broker in the purchase of defendant manufacturing company by defendant holding company, following an advertisement by defendant holding company in which it offered to guarantee payment of brokers' fees. Plaintiff filed suit to recover his fee.

PROCEDURAL HISTORY:
The trial judge submitted an interrogatory to the jury on the question of whether plaintiff intended to rely on the advertisement when plaintiff approached defendant holding company. The jury answered in the negative, and judgment was entered only against defendant manufacturing company.

HOLDING:
The supreme court held that plaintiff was also entitled to judgment against defendant holding company because the trial court erred in submitting the issue of subjective reliance to the jury.

RULES:
-Overt manifestation of assent, not subjective intent, controls the formation of a contract.
-The only intent of the parties to a contract which is essential is an intent to say the words or do the acts which constitute their manifestation of assent.
-The intention to accept is unimportant except as manifested

OUTCOME: The supreme court held that plaintiff was also entitled to judgment against defendant holding company because the trial court erred in submitting the issue of subjective reliance to the jury.

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