By Bernadette H. Carreon
Horizon news staff

The Supreme Court appellate division remanded and affirmed some part of the case involving a dispute regarding the proper interpretation of a real estate lease and an agreement to pay commission.
In a 16-page opinion of Civil Action No. 98-76 the Estate of Rechucher claimed that the trial court misinterpreted and misapplied the commission agreement in two points.
Appellee Alan Seid claimed that the court erred when it denied his claim for reimbursement of overpaid rent , breach of contract and attorney’s fees.
The appellate division ruled that one aspect of the trial court’s decision regarding the commission agreement is reversed while the decision is affirmed in all other aspects.
Court documents showed that on Nov. 24, 1993, Rechucher , Ngerketiit Lineage and Ngerukebid clan agreed to lease Seid approximately 106, 509 square meters of land at a rate of $30 per square meter.
The court records showed that since Seid intends to assign his interest in the lease to a third party developer, the clan agreed to initiate a quiet title action to ensure that Seid and or his assignee would be able to develop the property.
That the same day, the four parties entered into an agreement where Rechucher, Ngerketiit Lineage and Ngerukebid Clan agreed to pay Seid 10 percent of the rental price in consideration for his role in arranging the sublease of the property to a third party.
The trial court on Dec. 28, 2004 denied Seid’s clams for overpaid rent of $33,333, the amount paid to Ulechongs of $50,000 and attorney’s fees of $10,000.
The trial court instead granted Seid’s claim based on the commission agreement.
The appellate division affirmed the trial court’s denial of Seid’s claim for overpaid rent , breach of contract damages and attorney’s fees , as well as the denial of Rechucher’s claim regarding the commission on excess land are affirmed.
The opinion said that because the parties intended that each lessor would pay a 10 percent commission on rents paid to them under the lease, the trial court’s award of %149,085.25 to Seid is reversed and the matter is remanded to the trial court for entry of judgment on the commission claim in the amount of $26,988.35 with interest accruing from Oct. 9, 1998 at 9 percent simple interest per annum.