#### Charles R. Kappes, Appellee, v. American Linseed Company, Appellant.

Gen. No. 17,947.

(Not to be reported in full.)

Abstract of the Decision.

1. Appeal and ebbob, § 1463 * —when error in refusing to strike out testimony, harmless. Where the evidence is such as to justify the conclusion that a different verdict could not be rendered, error in refusing to strike out certain testimony is immaterial.

Appeal from the Municipal Court of Chicago; the Hon. Max H. Ebebhabdt, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1911.

Affirmed with damages.

Opinion filed October 9, 1913.

Statement of the Case.

Action by Charles E. Kappes against American Linseed Company, a corporation, to- recover commissions for selling certain real estate belonging to defendant. From a judgment for plaintiff for one thousand, two hundred and fifty dollars, defendant appeals.

William C. Hartray and Johnson & Belasco, for appellant.

Gann, Peaks & Townley, for appellee; Amos C. Miller, of counsel.

*

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

Mr. Justice Fitch

delivered the opinion of the court.

*692. Costs, § 67 * —when statutory damages warranted for prosecuting an appeal for delay. Verdict and judgment held so clearly right as to justify statutory damages for prosecuting appeal for delay.