Pass

Industrial Asphalt of California, Inc., appeals from a judgment for $35,000 awarded plaintiff, Pass, as a commission claimed for services as a “finder” in the sale by Industrial of multiple assets to Southern Pacific Milling Company.

In 1958 T. M. Evans owned a controlling share of the capital stock of Southern Pacific which owned asphalt, rock and other plants in Southern California. Philip E. Holmes was an officer and authorized representative of Southern Pacific. Defendant Industrial, located in Southern California, owned numerous properties of the same nature as those of Southern Pacific. Wallace E. Hunt was the chief executive officer of Industrial. Sam Pass, located in New York and Pittsburgh, was engaged in the business of “finder,” that is to say, he initiated sales and purchases of businesses. United Industrial Corporation was engaged primarily in the asphalt business; at all relevant times Bernard F. Gira was president of United.

The complaint names as defendants, Industrial, Southern Pacific Milling, Hunt and Holmes, and sought recovery of $35,000 from each defendant.

Three causes of action were stated. In the first it was alleged that early in 1958 plaintiff entered…