#### A. Yuckman, Defendant in Error, v. Joseph A. Fischer, Plaintiff in Error.

Gen. No. 18,292.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Charles A. Williams, Judge, presiding. Heard in this court at the March term, 1912.

Reversed and remanded.

Opinion filed November 24, 1913.

Statement of the Case.

Action by A. Yuckman against Joseph A. Fischer to recover broker’s commissions for effecting an exchange of property. From a judgment for plaintiff for five hundred and seventy-five dollars, defendant brings error.

Vincent D. Wyman and Otto W. Jurgens, for plaintiff in error.

Adler & Lederer, for defendant in error.

*323Abstract of the Decision.

Brokers, § 88*—when right to commission not shown. A broker suing to recover commission for effecting an exchange of property testified that defendant accepted an offer for a certain amount for his property and agreed to take in exchange incumbered property, assuming the mortgage, the equity being equal in value to his property, but did not testify that the owner of the incumbered property had made such an offer. Defendant testified he neither made nor accepted the offer, and the owner of the mortgaged property contradicted plaintiff. Held, a verdict for plaintiff was manifestly against the evidence.

Mb. Presiding Justice Baker

delivered the opinion of the court.