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WILSON v. MIDDENDORF

No. 3-92-0895.

619 N.E.2d 179 (1993)

248 Ill. App.3d 870

188 Ill.Dec. 815

Jane WILSON, d/b/a Forman Real Estate, Plaintiff-Appellant, v. James R. MIDDENDORF and Rosey Middendorf, Defendants-Appellees.

Appellate Court of Illinois, Third District.

Rehearing Denied September 9, 1993.

Attorney(s) appearing for the Case

Jeff W. DeJoode, March & McMillan, P.C., Macomb, for Jane Wilson.

Stanley L. Tucker, Hartzell, Glidden, Tucker & Hartzell, Carthage, for James R. and Rosey Middendorf.

Justice BRESLIN delivered the opinion of the court:

The plaintiff, Jane Wilson, d/b/a Forman Real Estate, filed suit against the defendants, James and Rosey Middendorf, seeking to recover a seven percent commission pursuant to an exclusive listing agreement for the sale of the defendants' house. The trial court concluded that the contract was unenforceable. Wilson appeals.

In early 1992 James and Rosey Middendorf put their house up for sale. On January

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