#### Joseph F. Marcinkevich, Defendant in Error, v. Jason L. Wilson, Plaintiff in Error.

Gen. No. 17,587.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. John R. Caverly, Judge, presiding. Heard in this court at the October term, 1911.

Affirmed.

Opinion filed November 3, 1913.

Statement of the Case.

Action by Joseph F. Marcinkevich against George T. Wilson and Jason L. Wilson for broker’s commissions. Case dismissed as to George T. Wilson and from a judgment for $264.50, defendant brings error.

Fred H. Atwood, Frank B. Pease and Charles O. Loucks for plaintiff in error; Burrell J. Cramer, of counsel.

Brady & Rutledge, for defendant in error.

*148Abstract of the Decision.

1. Dismissal, nonsuit and discontinuance, § 11 * —one defendant may be dismissed .after verdict rendered. Where a verdict is rendered against two defendants in an action for services rendered, the Practice Act, § 39, J. &. A. H 8576, permits a dismissal as to one defendant and the entering of a judgment against the other.

2. Brokers, § 28 * -—when unlicensed broker may recover. A person not a real estate broker under the meaning of Chicago Municipal Code may recover commissions without having had a broker’s license.

3. Brokers, § 88 * —when evidence is sufficient for commissions. In an action to recover commissions for the sale of property, evidence held sufficient to sustain a judgment for plaintiff.

*

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

Mr. Justice Brown

delivered the opinion of the court.