#### Henry G. Anderson, Defendant in Error, v. Charles E. Miesse, Plaintiff in Error.

Gen. No. 18,618.

(Not to be reported in full.)

Abstract of the Decision.

Brokers, § 88 * —when commissions cannot he recovered against individual member of firm. A broker was employed by a firm to sell lands and in order to effectuate a sale it was necessary to sell the land of a purchaser. Such purchaser’s price could not be obtained and on making a sale for a less price the broker was charged on the firm books with the balance not obtained and he accepted a settlement with the firm on such basis. The broker claimed a member of the firm individually owed him the full commissions. A contract and letters were in the individual member’s name, but both partners took part in the transactions and the use of one partner’s name was a matter of convenience. Held, the broker could not recover from the individual member of the firm.

Mr. Justice Clark took no part in this decision.

Error to the Municipal' Court of Chicago; the Hon. Judson F. Going, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1912.

Reversed.

Opinion filed November 4, 1913.

Rehearing denied November 18, 1913.

Statement of the Case.

Action by Henry G. Anderson against Charles E. Miesse to recover commissions for the sale of land. From a judgment for plaintiff defendant brings error.

Francis A. Harper, for plaintiff in error.

Walter J. Miller, for defendant in error.

*

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

Mr. Justice Barnes

delivered the opinion of the court.