Harrington v. Propulsion Engine Corp‪.‬

The opinion of the court was delivered by This was an action to recover a broker's commission under a written contract. Plaintiffs prevailed and defendants have appealed. Plaintiffs have cross-appealed from a ruling denying their recovery of the full amount which they sought to recover. In their petition plaintiffs alleged their status as partners engaged in the sale of industrial properties and their post-office address in Chicago, Ill.; that defendant Propulsion Engine Corporation, hereafter referred to as the Engine Corporation, was organized under the laws of Missouri and engaged in the manufacturing business in Kansas and that the individual defendants were nonresidents of Kansas; that on March 22, 1950, the parties entered into a contract, a copy of which was attached and is later mentioned; that pursuant to the contract, and while it was in full force plaintiffs introduced to the defendants, representatives of Food Machinery and Chemical Corporation, hereafter referred to as Chemical Corporation, who were willing to negotiate for the purchase of defendants' properties, did negotiate and did purchase all or substantially all of the stock or all of the assets of the Engine Corporation and paid or agreed to pay a sum in excess of $437,105.21, the exact amount being unknown to plaintiffs, the payment having been made or to be made pursuant to a contract, a copy of which had not been furnished plaintiffs and was not in their possession; that by reason of the facts set forth plaintiffs were entitled to a portion of the consideration, to an accounting and a judgment for the sum of $30,597.36, together with interest, and they prayed judgment against the defendants for that sum and interest, for costs and such other relief as might be just or equitable.