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ARMSTRONG v. GUIGLER

No. 3-94-0626.

652 N.E.2d 355 (1995)

273 Ill. App.3d 85

209 Ill.Dec. 815

Ralph E. ARMSTRONG and Rema J. Armstrong, Plaintiffs-Appellants, v. Walter F. GUIGLER, Russell V. Smith and Robert F. Smith d/b/a The Bob Smith Agency, Defendants-Appellees.

Appellate Court of Illinois, Third District.

June 1, 1995.

Attorney(s) appearing for the Case

Thomas E. Leiter, The Leiter Group, Peoria, for Ralph E. Armstrong, Rema J. Armstrong.

Karen L. Kendall, William I. Covey, Brad A. Elward, Gary D. Nelson, Heyl, Royster, Voelker & Allen, Peoria, for Walter F. Guigler, Russell V. Smith.

John P. Harris, Bozeman, Neighbour, Patton & Noe, Moline, for Robert F. Smith, The Bob Smith Agency.

Justice BRESLIN delivered the opinion of the court:

The plaintiffs, Ralph and Rema Armstrong (Armstrongs), sued the defendants, real estate brokers Walter Guigler, Russell Smith and Robert Smith, d/b/a The Bob Smith Agency (the brokers), for breach of an implied duty arising out of a written listing contract. The trial court held that the Armstrongs' action fell within the five-year statute of limitations applicable to breaches of fiduciary duty. We hold that when...

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