Equity Business Brokers, Ltd. v. Adair

State: Illinois

Court: 3rd District Appellate

Docket No: 3-07-0745 Rel

Case Date: 08/08/2008

Preview:No. 3--07--0745 _________________________________________________________________ Filed August 8, 2008 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2008 EQUITY BUSINESS BROKERS, LTD., ) Appeal from the Circuit Court d/b/a Sunbelt Business Brokers, ) of the 10th Judicial Circuit, Ltd., ) Tazewell County, Illinois, ) Plaintiff-Appellee, ) ) ) No. 05--LM--770 v. ) ) PAUL C. ADAIR, d/b/a Specialty ) Wood Work, ) Honorable ) John A. Barra, Defendant-Appellant. ) Judge, Presiding. _________________________________________________________________ JUSTICE SCHMIDT delivered the opinion of the court: _________________________________________________________________ The plaintiff, Equity Business Brokers, Ltd., d/b/a Sunbelt Business Brokers, Ltd., sued the defendant, Paul C. Adair, d/b/a Specialty Wood Work, to recover the remaining amount allegedly due to the plaintiff for the sale of the defendant's business. The defendant filed an affirmative defense and counterclaim, alleging that the contract entered into by the parties failed to meet the requirements of the Illinois Business Brokers Act of 1995 (Act) (815 ILCS 307/10--1 et seq. (West 2002)), and was therefore void. Both parties filed motions for summary judgment.

After a hearing, the circuit court granted summary judgment in

favor of the plaintiff.

On appeal, the defendant argues that the

circuit court erred when it granted summary judgment in favor of the plaintiff. We affirm.

On or about July 23, 2003, the plaintiff contracted with the defendant to sell the defendant's business. The contract was one The

page in length and clearly stated the agreement's key terms.

plaintiff eventually sold the defendant's business, and, pursuant to the contract, the plaintiff was to be paid $52,500. The

plaintiff was paid $27,500 and brought this action to recover the remaining $25,000. As is required in these types of transactions (815 ILCS 307/10--30 (West 2002); see also 14 Ill. Adm. Code

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