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SENO v. FRANKE

Gen. No. 47,190.

16 Ill. App.2d 39 (1957)

147 N.E.2d 469

Tom Seno and Sam Seno d/b/a Seno Realty Company, Appellants, v. Cornelia H. Franke and Grange J. Glover, Appellees.

Appellate Court of Illinois — First District, First Division.

Rehearing denied and opinion modified January 16, 1958.

Released for publication February 10, 1958.

Attorney(s) appearing for the Case

Chino and Schultz of Chicago, for appellants.

Seyfarth and Atwood (Karl Edwin Seyfarth, and Benton Atwood, of counsel) for appellee, Glover.

JUSTICE ROBSON delivered the opinion of the court.

This is an appeal from an order sustaining defendants' motion for summary judgment in an action by plaintiffs to recover damages alleged to be due them. In a prior separate action against defendant Franke alone, plaintiffs sought to recover a commission on the basis of a breach of the contract set forth in their present statement of claim. The trial of that case resulted

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