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03/31/88 Joanne Shanley Et Al., v. Harvey Barnett Et Al.

March 31, 1988

JOANNE SHANLEY ET AL., PLAINTIFFS-APPELLANTS

v.

HARVEY BARNETT ET AL., DEFENDANTS-APPELLEES



APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION

523 N.E.2d 60, 168 Ill. App. 3d 799, 119 Ill. Dec. 592 1988.IL.466

Appeal from the Circuit Court of Cook County; the Hon. Willard J. Lassers, Judge, presiding.

APPELLATE Judges:

JUSTICE LINN delivered the opinion of the court. JIGANTI, P.J., and JOHNSON, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LINN

Plaintiffs, Joanne Shanley and Joanne Shanley and Associates, Ltd. (Shanley), brought a legal malpractice action in the circuit court of Cook County against defendants, Harvey Barnett and Barnett and Biegel, Ltd. (Barnett). Shanley sought damages arising from the alleged negligence of Barnett in negotiating, drafting, and advising her on a contract between her and a client. The trial court granted Barnett's motion for summary judgment. Shanley now appeals, contending that the trial court erred in granting summary judgment for Barnett.

We affirm.

Background

The record shows that Shanley is a licensed real estate sales agent and broker. In 1979, she founded her own real estate company, Condominium Concepts, Ltd. In 1981, Shanley retained Barnett as the company's attorney.

In January 1982, Shanley met with Jack Wogan, a Chicago real estate developer. Wogan had converted a building on Canal Street into a mixed-use commercial and residential project known as Fulton House. Shanley solicited Wogan for the business of marketing and selling the residential condominium units in Fulton House.

In March 1982, Shanley reached a verbal agreement with Wogan. Shanley directed Barnett to negotiate and draft a written contract memorializing the verbal agreement. She instructed Barnett to include in the contract the proper legal protections in her favor. Barnett prepared a four-page contract that Shanley and Wogan signed on March 5, 1982. The contract provided in pertinent part:

"1. Appointment as Broker: Fulton does hereby retain and appoint Broker as its exclusive residential agent and does hereby grant broker an exclusive listing for a period of one year to sell the units . . .. This exclusive listing shall terminate on March 8, 1983 provided, however, that either party may cancel this Agreement upon sixty days prior written notice.

3. Commissions: Fulton shall pay Broker a commission of five percent of the gross sales price for each unit for which broker procures a purchaser ; said sum to be payable at closing of said sale. In the event another Broker cooperates . . . in the sale of the Unit, Fulton agrees to pay a commission of six percent of the gross sales price due and payable at closing, said commission to be split equally between Broker and Cooperating Broker.

5. Commission Surviving Sales Contract: In the event Fulton terminates this Agreement . . ., or in the event the same is not renewed after the expiration thereof, for a period of six months after the termination of this Agreement, Broker shall be entitled to a commission on the foregoing basis on sales of any Units to purchasers who were shown Units during the period of time that Broker acted as the Broker for the Units or who were procured by Broker during the period of time that this Agreement was in effect. Broker ...


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