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STATE OF MICHIGAN
COURT OF APPEALS


MICHIGAN RESTAURANT AND TAVERN BROKERS, INC., and WADE MONTRIEF, Plaintiffs-Appellants, v RUDY EVANS and SPOWAN, INC., d/b/a HARDEE'S, Defendants-Appellees.

UNPUBLISHED September 5, 2000

No. 213164 Oakland Circuit Court LC No. 97-537969-CK

Before: Holbrook, Jr., P.J., and Kelly and Collins, JJ. PER CURIAM. In this breach of contract case, plaintiffs appeal as of right from an order granting summary disposition under MCR 2.116(C)(10) to defendants. We reverse and remand. Defendants Evans and Spowan, Inc., are the owners of a Hardee's restaurant franchise. Plaintiff Michigan Restaurant and Tavern Brokers, Inc. (hereinafter "MRTB") is a real estate broker, and plaintiff Montrief is MRTB's principal b roker. On March 15, 1995, plaintiffs and defendants entered into an exclusive, nine-month licensing agreement for the sale of the franchise. The agreement called for defendants to pay MRTB a ten percent commission upon the occurrenceof certain specified conditions.1 In October 1995, plaintiff found two potential buyers, Saleem Siddiqi and Srinivas
1

Those conditions, set forth in

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Michigan Law