#### R. G. Badeaux, trading as R. G. Badeaux & Company, Defendant in Error, v. August Rohrer and Marie Rohrer, Plaintiffs in Error.

Gen. No. 17,711.

(Not to be reported in full.)

Abstract of the Decision.

I. Brokers, § 55 * —when entitled to commissions for procuring real estate purchaser. Real estate broker held entitled to commissions for producing a purchaser ready and willing to purchase where the sale was not made because of the encroachment of a bay window of the building over an adjoining lot.

2. Brokers, § 33*—when original agreement for compensation not altered by subsequent instrument. Written instrument claimed to be a contract as to commissions after purchaser was produced but not signed by both the parties, held not to alter or change the rights of the parties under their original agreement.

3. Brokers, § 27*—when not breach of trust to return earnest money. Not a breach of trust for a broker to return earnest money to procured purchaser when sale not consummated for failure of owner to make good title.

Error to the Municipal Court of Chicago; the Hon. Henry C. Ward, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1911.

Affirmed.

Opinion filed October 9, 1913.

Statement of the Case.

Action by B. Gr. Badeaux, trading as B. Gr. Badeaux & Co., against August Bohrer and Marie Bohrer to recover for money advanced and for commissions due plaintiff as a real estate broker for presenting to defendants a purchaser. From a judgment for plaintiff for one hundred and fifty-two dollars and sixty cents, defendant brings error.

Frederic R. De Young, for plaintiffs in error.

H. P. Sinden, for defendant in error.

*

See Illinois Notes Digest, Vols. XI to XIV, same topic and section number.

Mr. Justice Gridley

delivered the opinion of the court.