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BYCHOWSKI v. ERA TEMPO REALTY, INC.

No. 1-94-3702.

655 N.E.2d 292 (1995)

274 Ill.App.3d 1093

211 Ill.Dec. 389

James J. BYCHOWSKI, Plaintiff-Appellant, v. ERA TEMPO REALTY, INC., Defendant-Appellee (Marc W. Sargis, Defendant and Third-Party Plaintiff; Khalid Zoudo, Third-Party Defendant).

Appellate Court of Illinois, First District, Sixth Division.

August 25, 1995.

Attorney(s) appearing for the Case

Burton R. Lindner & Associates, Ltd., Chicago, for appellant.

Tinkoff, Popko & Associates, Chicago, for appellee.

Justice RAKOWSKI delivered the opinion of the court:

Plaintiff, James J. Bychowski, purchased a video store from Khalid Zoudo. At the closing, defendant, ERA Tempo Realty, Inc. (Tempo), was paid a broker's commission of $5,400 pursuant to its listing agreement with Zoudo. Shortly after the closing, because of alleged misrepresentations made by Zoudo concerning the business, plaintiff and Zoudo mutually agreed to rescind the sale, declaring it null and void. Zoudo...

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