BOYD REAL ESTATE, INC. v. SHISSLER SEED CO.

No. 3-90-0432, 3-90-0433.

571 N.E.2d 1171 (1991)

213 Ill. App.3d 648

157 Ill.Dec. 152

BOYD REAL ESTATE, INC. and Allen & Cupi Real Estate, Inc., Plaintiffs-Appellants, v. SHISSLER SEED CO., INC., Robert L. Potts, individually and as agent for Whitney & Potts, an Illinois Corporation, and Whitney & Potts, Ltd., an Illinois Corporation, Defendants-Appellees.

Appellate Court of Illinois, Third District.

May 10, 1991.


Attorney(s) appearing for the Case

William K. Richardson, Terry Sharp (argued), Law Office of Terry Sharp, P.C., Mt. Vernon, for Boyd Real Estate, Inc. and Allen & Cupi Real Estate, Inc.

Gregory S. Bell (argued), Sutkowski & Washkuhn Assoc., Peoria, for Shissler Seed Co., Inc.

John C. Mulgrew, Jr., Heyl, Royster, Voelker & Allen, Peoria, for Robert L. Potts and Whitney & Potts.


Judge HAASE delivered the opinion of the Court.

The plaintiffs, Boyd Real Estate, Inc. (Boyd) and Allen and Cupi Real Estate, Inc. (Allen), filed suit against the defendants, Shissler Seed Co., Inc., Robert L. Potts, and Whitney and Potts, Ltd., to recover a real estate brokerage commission. The trial court granted the defendants' motions to dismiss Boyd and Allen's complaints. Boyd and Allen appeal.

The record reveals that on July 18, 1988, Shissler entered...

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