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[Download] "John A. Cataldo v. Mortimer B. Zuckerman" by Appeals Court of Massachusetts ~ eBook PDF Kindle ePub Free

John A. Cataldo v. Mortimer B. Zuckerman

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eBook details

  • Title: John A. Cataldo v. Mortimer B. Zuckerman
  • Author : Appeals Court of Massachusetts
  • Release Date : January 10, 1985
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 76 KB

Description

A memorandum from a partner in a real estate development firm to a person employed by the firm as a construction expert, outlining certain elements of the employee's compensation, including a partnership interest in certain development projects, which had been prepared by the firm's two partners and signed by the three parties involved, and under which the parties acted for some six years thereafter, treating it as a contract, could properly be found to contain all the essential terms of a contract in a form sufficiently definite to be enforceable, even though some aspects of the transaction were left for later agreement. [737-738] In an action by an employee against the partners in a real estate development firm from which he had been discharged, alleging that they had deprived him of benefits provided under a memorandum prepared by the partners and signed by the parties, including his share of the developer's equity in certain named projects and in future projects contemplated by the memorandum, the evidence warranted a Conclusion that, when the plaintiff was discharged, the possibility that he would gain later a vested share of the developer's equity in each of the firm's projects then viable was sufficiently an identifiable, future benefit . . . reflective of past services, and specifically related to such past services performed by him, to come within the principle set forth in Fortune v. National Cash Register Co., 373 Mass. 96, 105-106 (1977), and that, therefore, the plaintiff was entitled to recover the fair value, at the time of his discharge, of his interest in the projects in question. [738-741]


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