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CLINTON IMPERIAL CHINA v. LIPPERT MARKETING

No. 1-05-4070.

878 N.E.2d 730 (2007)

CLINTON IMPERIAL CHINA, INC., d/b/a Harris Potteries, Plaintiff-Appellant, v. LIPPERT MARKETING, LTD. and Jeffrey Lippert, Defendants-Appellees (Lippert Marketing, Ltd., Counterclaimant and Cross-Appellant; Clinton Imperial China, Inc., d/b/a Harris Potteries, and Robert Harris, Counter-defendants and Cross-Appellees).

Appellate Court of Illinois, First District, Sixth Division.

Rehearing Denied November 8, 2007.

Attorney(s) appearing for the Case

Ross E. Kimbarovsky, David Levitt, Ungaretti & Harris LLP, Chicago, for Appellant.

Ardwin E. Boyer, Brett A. Kaufman, Newman, Boyer & Statham Ltd., Chicago, for Appellee.

Justice McNULTY delivered the opinion of the court:

A sales agent helped a manufacturer find a retail distributor for its products. The manufacturer agreed to pay the agent a commission on its sales to the distributor for a period of five years. As the distributor preferred to communicate directly with the manufacturer, the agent did not provide the customary services of a sales representative. After paying commissions for more than a year, the manufacturer sued the...

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