среда, 8 августа 2012 г.

Lincoln sues bank, brokerage for office sale commission - Orlando Business Journal:

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Associated Capital Properties Inc. bought the seven-building complezx from Great Westernon Jan. 22 of this The previous owner, Boca Ratom developer Norton Herrick, deeded the property back to Great Western in lieu of foreclosurein 1994. who owns the Orlando Jackals rollerhockeh team, led the ownership group that unsuccessfullyy bid for an Orlando Major League Basebal franchise in late 1994 and early 1995. Grea t Western contracted with Royceon Jan. 31, 1995, to sell the propertyt for a 4 percentnet commission. Based on the $10 milliob sale, that fee would have been $400,000. On Feb.
21, Royce and Lincoln signed a co-listing agreement in whicuh the commission was to besplitf 50-50, according to the June 11 Wade E. Lamming, a Royce director, signe d for Royce. Jeffrey Brock and David Chapin, Lincolm co-brokers, signed for Lincoln. Since Lincoln "ultimately obtained a ready, willing and able" to buy the officer park, Lincoln is entitled to a $200,00o0 share of the net commission, the suit Both Royce and Great Western, however, are "refusing to the fee, the suit states. Lincoln is askin Judge R. James Stroker for a jury trial. Charles E. Williamsw Jr. and Jeffrey S.
Dawson of Williamds & Dawson in Orlando are Lincoln's The defendants had not answered the suit as ofJuly 15. (Cas No. CI 96-4317-40). Real Brick Productzs Inc. of Owosso, Mich., is countersuing for $88,353 allegedly owed for labor, equipment and replacementf brick to thecracked facade, back wall and tower of the 6-year-old theme park's Earthquakw attraction. Real Brick attempted to correctg the problem inlate 1995, "althouggh legally not obligated to do so," the Orange Circuit Courg countercomplaint contends. The Michigan subcontractor halted all repaidr workin Jan.
24 of this year "becauss it was discovered that Universal had misrepresented the problejm with the brick as beinh one ofmanufacture and/or installation when, in the problem with the brick was due to projecrt design which was not, and is not the responsibilitt of Real Brick." Real Brick had a subcontrac for $347,820 with Mellon Stuart Co., Universal's generakl contractor. Real Brick claims Universal is "nogt the intended third-party beneficiary" of the Mellon-Reakl Brick contract and therefore "does not have standing" to sue. Universal sued Real Bricok for unspecified damagesMarch 7.
In a June 26 filing, Universao objected to giving Real Brickm copies of anydocuments "that constitute trade secrets or othet confidential research, development or commercial information." Real Brick had requested the informatioh in its May 7 counterclaim. Lawrence J. Phalin and Ben W. Subinn of Mateer & Harbert are Real Brick's Terrence J. McGuire and Dorry A. Bragg of Williams, Bragg & Head represent Universal. (Case No. CI Sentinel Communications Co. is suing Longwood-based National Insery Programs Inc. for $146,175 for unpaid printing services and unspecifiefd royalty payments allegedly due betwee n December 1995 andFebruary 1996.
Sentinel Communications printe 500,000 copies a month of Couponb Catalogue, a preprint advertising NationalInsert Programs, headed by Noel M. Galkin, was the plaintiffs ' exclusive advertising representative. Galkin couldn't be reachex for comment. Besides the printinf and production costs, the one-year, Jan. 11, contract stipulated National Insert also wouldr pay SentinelCommunications $1,10p per page if 20 pages or more of Coupobn Catalogue were published in any one or a royalty of $1,25o0 per page if 19 pages or less of the advertisint publication were published in any one month.
Copied of invoices attached to the June 13 Orange Circuir Court lawsuit show total sold advertisinvof $59,600 for Decembef 1995; $64,390 for January and $61,785 for February 1996. (Case No. CI 96-4401-32).

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