Help

[chkplsjon]

What is the name of your state (only U.S. law)? South Carolina

"This Agreement may be amended, supplemented, modified or discharged only upon an agreement in writing executed by all of the parties hereto."

My question: two parties (with a signed written agreement) go to arbitration. Party #1 says that party #2 agreed to take a lesser amount of commission for services rendered and this conversation happened over the phone,

Also, Party #1 says that party #2 accepted a payment in the amount of the lesser commission.) Now, Party #2 wants to take party #1 to court to pay the full amount. Even though party # 2 accepted the check in the lesser amount, he claims there is nothing in writing about this lesser commission

can the above statement (in bold) be interpreted in the favor of party #1?

also, Party # 1 claims to have an email from party # 2 saying "thanks" for the payment.

Finally, what does the word "executed" mean?What is the name of your state (only U.S. law)?

 

[LdiJ]

What is the name of your state (only U.S. law)? South Carolina

"This Agreement may be amended, supplemented, modified or discharged only upon an agreement in writing executed by all of the parties hereto."

My question: two parties (with a signed written agreement) go to arbitration. Party #1 says that party #2 agreed to take a lesser amount of commission for services rendered and this conversation happened over the phone,

Also, Party #1 says that party #2 accepted a payment in the amount of the lesser commission.) Now, Party #2 wants to take party #1 to court to pay the full amount. Even though party # 2 accepted the check in the lesser amount, he claims there is nothing in writing about this lesser commission

can the above statement (in bold) be interpreted in the favor of party #1?

also, Party # 1 claims to have an email from party # 2 saying "thanks" for the payment.

Finally, what does the word "executed" mean?What is the name of your state (only U.S. law)?

When a party executes a document that means that they sign it. Therefore if there is no written document, signed by all parties, agreeing to the change, the change is not valid.

Party 1 may claim that the check was that written document, but that may not fly.