ArchBrook Laguna, L.L.C. v. Marsh, A-5254-08T3; Appellate Division; opinion by Fisher, J.A.D.; decided and approved for publication June 17, 2010. Before Judges Fisher, Sapp-Peterson and Espinosa. On appeal from the Law Division, Bergen County, L-8851-07. DDS No. 07-2-8255[18 pp.]
In 2004, Charles Marsh, the former president of BDI Laguna Inc. (BDIL) and a resident of Georgia, filed a complaint in Georgia against BDIL and against Jay Wertheimer, the chief executive officer and primary shareholder of BDI Distributors Inc., BDIL’s predecessor. Marsh alleged breach of a promise made by Wertheimer to entice him to accept a job with BDI Distributors Inc. that he would, inter alia, receive at least 8 percent and up to 15 percent of the stock of BDI Distributors Inc. when it was sold (the “commission promise”).
