J.W. Mitchell Investment Inc. v. Wixted
Published: Jan. 4, 2001 | Result Date: Jun. 12, 2000 | Filing Date: Jan. 1, 1900 |Case number: YC033168 Bench Decision – $64,763
Facts
According to the plaintiff: This case arose out of an overpayment of a brokerÆs commission to the the defendants
and the defendantsÆ refusal to return the overpayment. The plaintiff was J.W. Mitchell Investment Inc. A non-
integrated letter agreement provided that the defendants would be entitled to 3 percent of any lease transaction
"consummated" between the plaintiff and Ikea.
The defendants requested that their commission ($894,005) be paid prior to the closing of the transaction. In a
good faith gesture, the plaintiff agreed to do so. The transaction between the plaintiff and Ikea was
restructured, thus reducing the commission owing to $829,242. The defendants were overpaid by $64,763.
The defendants further contended that the original transaction had been consummated
and refused to return the amount of overpayment.
Damages
The plaintiff claimed reimbursement of $64,763 overpayment.
Other Information
According to plaintiff the defendants have appealed the judgment.
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