Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 26

                                                -114-                                                   
            would receive a fee of 1 percent of the aggregate financing that                            
            Walters obtained from Travelers with regard to four separate                                
            development projects.  Exh. 193 (17th & Market Plaza); Exh. 197                             
            (Orchard Place VIII); Exh. 198 (Orchard Place VII); Exh. 199                                
            (Cherry Creek Building III).  The record reflects that Lisle                                
            personally approved Travelers financing for several of these                                
            development projects.  Exhs. 990, 993, 995.                                                 
                  By check dated November 9, 1983, Schaffel paid $213,750 to                            
            IRA representing 50 percent of the fees that Schaffel earned on                             
            the Stanford Place II project.55  Exh. 204, at 2.  After the                                
            Stanford Place II payment, however, Schaffel stopped paying IRA                             
            on Travelers transactions, and a dispute with Kanter followed.                              
                  Sometime during 1984, Kanter contacted Schaffel and inquired                          
            why IRA was not receiving 50-percent of Schaffel’s fees on                                  
            Travelers deals.  Schaffel took the position that the August 2,                             
            1979, agreement between himself and IRA did not apply to deals                              
            with Travelers because Lisle had left Prudential.  Schaffel was                             
            concerned that the terms of his agreement with IRA were too                                 
            comprehensive and costly.  Schaffel explained:  “Bob [Lisle] had                            
            moved on to Travelers and Claude [Ballard] had moved on to                                  


                  55  Thus, the recommended finding of fact in the STJ report,                          
            at 44, that Schaffel initially did not share with IRA the fees he                           
            earned on business deals with Travelers is incorrect as to the                              
            fee from the Stanford Place II project.                                                     




Page:  Previous  104  105  106  107  108  109  110  111  112  113  114  115  116  117  118  119  120  121  122  123  Next

Last modified: May 25, 2011