September 14 2011
START DATE
END DATE
September 27 2011
BRIAN ALKON -v- WENDELL POND (doing business as Global Realty)
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
CIVIL JURISDICTION
KAWALEY J
Mr. Taaj Jamal Cox Hallett Wilkinson Ltd
Mr. Christopher Swan Christopher E. Swan & Co
FACTS OF THE CASE:
The claim revolves around a $27000 commission from the sale of a property named 'Purple Cow'. The plaintiff Alkon claims entitlement under a Salesman Agreement which the defendant Pond disputes citing a Termination Agreement. The property was sold to a trust beneficiary with Alkon arguing his introduction led to the sale while Pond asserts the sale post-termination nullifies Alkon's claim.
SUMMARY:
Whether Alkon is entitled to the commission based on the Salesman Agreement's terms given the property's sale occurred after the termination of his employment.
OUTCOMES:
The court dismissed Alkon's claim finding no commission entitlement due to the post-termination sale but noted Alkon would have been entitled had the contractual interpretation been different.
RULED IN FAVOUR OF:
Defendant
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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BRIAN ALKON -v- WENDELL POND (doing business as Global Realty)
The claim revolves around a $27000 commission from the sale of a property named 'Purple Cow'. The plaintiff Alkon claims entitlement under a Salesman Agreement which the defendant Pond disputes citing a Termination Agreement. The property was sold to a trust beneficiary with Alkon arguing his introduction led to the sale while Pond asserts the sale post-termination nullifies Alkon's claim.