- 4 - next day, Mr. Lindenbaum left a telephone message for Mr. Sherland that an error was made in the January 14, 2002, fax, and Mr. Sherland would receive the corrected figures by fax. On that day, Mr. Lindenbaum sent a fax to Mr. Sherland (the January 17, 2002, fax). The fax stated: Unfortunately my fax to you was incorrect. I had left off page six and in the rush to get it out to you used the value of property in 1987 as the final value and not the value of decedents [sic] interest at the time of death of $1,124,410. I told you this was the amount over the phone and discussed that I was following the method that you used on the tax return but using the starting value for the real estate of $1,000,000 and while I felt their [sic] was an argument for no discount I would allow a 15% discount for settlement. We did discuss the final value of $1,124,410. On January 22, 2002, Mr. Sherland sent a fax to Mr. Lindenbaum which stated: Everyone now realizes that the first figures you discussed with me on the phone and your settlement fax offer are substantially different. We believe that you made an honest mistake. However, for our part we believe, after deliberating with our counsel and our client, that we had accepted a basis of settlement that made sense if you took into account both the expenses and uncertainties of litigation. Mr. Sherland further informed Mr. Lindenbaum that a basis of settlement had been reached. In a telephone conversation soon after, Mr. Lindenbaum told Mr. Sherland that Mr. Lindenbaum would only discuss the figures in the January 17, 2002, fax and discussed in the January 14, 2002, telephone conversation (i.e., the value of $1,124,410). Mr. Lindenbaum did not feel an agreement had been reached with the estate and, therefore, didPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011