#### George G. Place, Appellee, v. Charles T. Gilmore, Appellant.

Gen No. 19,290.

(Not to he reported in full.)

Abstract of the Decision.

Bbokebs, § 88 * —when judgment for commissions not sustained hy the evidence. In an action to recover commissions for procuring a purchaser for the business, good-will, etc., of a certain company, a judgment for plaintiff held not sustained by the evidence, *592it appearing that the plaintiff did not find a purchaser for the purchase price agreed upon but that he procured a purchaser who made an offer of some kind, and there was no evidence to show an acceptance of the offer.

*591Appeal from the Circuit Court of Cook county; the Hon. H. Steeling Pomeboy, Judge, presiding.

Heard in the Branch Appellate Court at the March term, 1913.

Reversed.

Opinion filed March 31, 1913.

Statement of the Case.

Action "by George G. Place against Charles T. Gilmore and Chicago Addition Mangle Company, a corporation, to recover commissions which plaintiff claims that the defendant Gilmore orally agreed to pay for procuring a purchaser for the business, goodwill, etc., of the said Mangle Company of which said Gilmore was the vice president and largest stockholder. The suit was dismissed as to the defendant company at the close of the evidence and then submitted to a jury on an amended count claiming a contract for commissions with Gilmore. From a judgment in favor of plaintiff, defendant appeals.

IToyne, O’Connor & Irwin, for appellant; Carl J. Appell, of counsel.

Beach & Beach, for appellee.

*

8eo Illinois Notes Digest, Vols. XI to XV, same topic and section number.

Mr. Justice Barnes

delivered the opinion of the court.