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STEPHEN L. WINTERNITZ, INC. v. NAT. BANK OF MONMOUTH

No. 1-96-0410.

683 N.E.2d 492 (1997)

289 Ill. App.3d 753

225 Ill.Dec. 324

STEPHEN L. WINTERNITZ, INC., an Illinois corporation, Plaintiff-Appellant, v. NATIONAL BANK OF MONMOUTH, Defendant-Appellee.

Appellate Court of Illinois, First District, First Division.

June 30, 1997.

Attorney(s) appearing for the Case

Schwartz, Cooper, Greenberger & Krauss, Chtd., Chicago (Martin W. Salzman, Bret A. Rappaport, Alex Pirogovsky (summer associate), of counsel), for Plaintiff-Appellant.

Zenoff & Zenoff Chartered, Chicago (Alan H. Zenoff, Jerry M. Salzberg, of counsel), for Defendant-Appellee.

Justice GALLAGHER delivered the opinion of the court:

Plaintiff Stephen L. Winternitz, Incorporated (Winternitz) filed a complaint seeking damages from defendant National Bank of Monmouth (Bank) for breach of a brokerage contract. The first amended complaint (complaint) alleges that defendant agreed to pay a commission to plaintiff in the event that defendant sold certain manufacturing equipment to a purchaser produced by plaintiff. Defendant moved to dismiss the...

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