#### Fred C. Rounds and Albert H. Wetten, Appellants, v. Victoria Hotel Company, Appellee.

Gen. No. 18,365.

(Not to be reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. Jambs C. Mastín, Judge, presiding.

Heard in this court at the March term, 1912.

Reversed and remanded.

Opinion filed January 12, 1914.

*501Abstract of the Decision.

1. Brokers, § 88 * —when judgment for principal in action for commission not sustained, by the evidence. In an action for commissions for procuring a lessee for defendant’s premises, a judgment in favor of defendant held not sustained by the evidence, it appearing that .the plaintiffs procured a customer, that a commission was agreed upon and that the premises were afterwards leased to such customer by the principal through another agent.

2. Brokers, § 48 * —when broker is procuring cause of final consummation with customer. Where a real estate broker produces a customer and continues the negotiations he will be considered as the procuring cause of the final consummation with the customer, although the negotiations may be completed by the principal or through another party.

3. Brokers, § 84 * —when conversation between broker and prospective customer admissible. In an action to recover a commission for procuring a customer for leasing defendant’s premises, a conversation between the customer and the' plaintiffs held admissible for the purpose of showing that the customer had not abandoned the leasing.

Statement of the Case.

Action by Fred C. Bounds and Albert H. Wetten, doing business as Bounds & Wetten, against Victoria Hotel Company, a corporation, to recover a commission for procuring a customer for defendant to lease certain premises belonging to defendant. The case was tried by the court without a jury. From a judgment in favor of defendant, plaintiffs appeal.

Eddy, Wetten & Pegler, for appellants; William H. Dieterich and Howard M. Harpel, of counsel.

Hopkins, Peffers & Hopkins, for appellee.

*

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

Mr. Justice McSurely

delivered the opinion of the court.