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FREY v. FRASER YACHTS

No. 93-3698.

29 F.3d 1153 (1994)

Bruce J. FREY, Plaintiff-Appellant, v. FRASER YACHTS; David Fraser, Inc.; Budel, Inc.; C-Bench Investments, Inc.; Carnor, Inc.; and Norman McCarvill, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 15, 1994.

Attorney(s) appearing for the Case

William E. Rattner (argued), Jay Erens, Adam M. Kingsley, Hopkins & Sutter, Chicago, IL, for plaintiff-appellant.

Donald J. Moran (argued), Cynthia M. Baruck, Pedersen & Houpt, Chicago, IL, for Fraser Yachts, Inc., David Fraser, Inc., Carnor, Inc., Budel, Inc., C-Bench Investments, Inc.

Sheldon Davidson, Donald J. Moran, Cynthia M. Baruck, Pedersen & Houpt, Chicago, IL, for Norman McCarvill.

Before ESCHBACH, EASTERBROOK, and KANNE, Circuit Judges.

ESCHBACH, Circuit Judge.

Is a yacht broker entitled to keep his commission from the seller when, on the eve of closing but after execution of the purchase agreement, the seller discovers that the broker is to receive a commission from the buyer as well? The defendants think so, but we disagree. For the reasons below, we reverse the district court's order of summary judgment for the defendants and remand for further proceedings...

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