- 12 - Betty, entered into a "Joint and Mutual Release". Among other things, that document recites: "Bradish holds a forty percent (40%) interest in the joint venture in trust for the children of Larry and Betty Parker". Among amendments made to the joint venture agreement, (1) Thoner was given exclusive management control over most aspects of the joint venture, (2) an additional joint venture partner, Donald G. Murray, Jr. (Murray), was admitted to the joint venture, with an interest in profits and losses of 10 percent, and (3) Bradish's interest was reduced to 40 percent. By the end of 1980, disagreements had arisen between Murray, who was on-site manager for the joint venture, and Parker. Thoner and Murray determined to buy out Bradish. Murray undertook negotiations with Parker concerning that buyout. Bradish and Parker also began negotiating concerning the division of the proceeds to be received by Bradish. Among other things, Bradish and Parker disagreed concerning the consequence of the previous reduction in Bradish's interest in the joint venture from 50 percent to 40 percent. Bradish argued that he should receive a share of the proceeds to be received equal to what he would have received had the Bradish interest not been reduced from 50 percent to 40 percent. To end their disagreements, Bradish and Parker agreed to engage an arbitrator. An agreement to arbitrate (the arbitration agreement) was executed on January 4, 1981. The arbitration agreement states that BradishPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011