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In a June 6, 1986, letter to Kanter Yachts, petitioners
inquired as follows:
Would you agree to list us as West Coast
representatives of your line, this being a month to
month agreement in which either party could cancel with
thirty days notice and in which our commission would be
protected to any potential buyer we had written to you
about for ninety days. We would agree to show the boat
at “In the Water Shows” here on the West Coast.
On June 23, 1986, Kanter Yachts replied that it would agree
to make the extensive changes required by petitioners. The
letter also contained the statement:
We also thank you for your offer to represent us on the
West Coast and we would be pleased to offer a 5%
finder's fee for any future contacts resulting in a
sale.
If petitioners had made successful referrals, they would have
made approximately $15,000 Canadian per referral.
In September 1986, petitioners and Kanter Yachts signed a
contract to build, for $296,894.11 Canadian,3 an Atlantic 47-foot
steel-hulled sailboat named “Brendan” based on petitioners’
architect’s design. During construction, Kanter Yachts suggested
lengthening the yacht by 1 foot, and Lucid Cruising agreed.
On October 9, 1986, petitioners informed Kanter Yachts:
We * * * appreciate that as your West Coast
representatives you will provide us with fliers and
assist us with our first boat shows on the East Coast.
You have an excellent product and we find it easy to be
3 The parties stipulated the amount shown in this opinion;
however, the contract reflects $283,430 Canadian. The Court has
chosen to follow the parties’ stipulated amount.
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Last modified: May 25, 2011