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Phillippe Vs Shapell

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Case Brief Phillippe V. Shapell Industries Allison Kirts FACTS Phillippe was contracted by Shapell in 1972 in order to purchase a 78-acre piece of land in the San Diego area. Phillippe was the agent for the landowner. Shapell purchased the property in 1972 and paid Phillippe $153,100 for his services as a broker. Early the next year Phillippe was sought out by Shapell to assist in other purchases. The agreement was oral. Shapell orally promised Phillippe, for Shapell that he would pay him a commission for any land submitted and purchased by Shapell. He also requested that the amount be written. Phillippe continued to try to close a sale of the a particular property to Shapell. In February 1974 Shapell learned that land was available for sale. He initiated direct negotiations between himself and the owner. In 1976 Shapell signed for 63 …show more content…

Phillippe indicated that he had agreed to work with Shapell responded by letter telling Phillippe that they would not pay him a commission. Shapell claimed that no mutual agreement of representation had been signed and the negotiations that lead to the purchase did not include Phillippe. In 1977, Phillippe filed against Shapell in order to be paid a 6 percent commission for the sale of the property, he also included other damages. The case was heard in 1982 and went to the jury with three options for recovery. First, Phillippe wanted recovery of a 6 percent commission because they had a written agreement of employment. Second, Phillippe sought a 6 percent fee based on the agreement he thought he had with Shapell. Third, he sought a 6 percent commission based on an alleged agreement between himself and Shapell. The jury found in favor of Phillippe and awarded $125,000 on his first theory, but rejected his other two. The trial court denied Shapell's motion for a new trial and entered judgment in favor of

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