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IN RE ESTATE OF VALLERIUS

No. 5-92-0594.

624 N.E.2d 459 (1993)

253 Ill. App.3d 226

191 Ill.Dec. 610

In re ESTATE OF Adella VALLERIUS, Deceased (Don A. Balsters, Intervening Petitioner-Appellant, v. Alton Banking and Trust Company, Administrator, Respondent-Appellee).

Appellate Court of Illinois, Fifth District.

December 15, 1993.

Attorney(s) appearing for the Case

Edward T. McCarthy, Edwardsville, for intervening petitioner-appellant.

John W. Hoefert, Sr., Alton, for Alton Banking & Trust Co.

McGrady & McGrady, Gillespie, for Peter Vallerius, Glenna F. Giacolletto, Lawrence Joe Davis, and lone V. Henry.

Presiding Justice WILLIAM A. LEWIS delivered the opinion of the court:

Petitioner appeals from the denial by the trial court of his petition for a real estate broker's commission. Petitioner argues on appeal that he is entitled to a real estate commission either under an oral contract or under the theory of quantum meruit for procuring a buyer of a motel sold at auction by the estate. We reverse the ruling of the trial court.

The assets in the estate...

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