#### C. C. Digby et al., Plaintiffs in Error, v. Venora L. Butler, Defendant in Error.

(Not to be reported in full.)

Error to the Circuit Court of Coles county; the Hon. E. R. E. Kimbrough, Judge, presiding.

Heard in this court at the October term, 1913.

Affirmed.

Opinion filed December 27, 1913.

Statement of the Case.

Action by O. O. Digby and others against Venora L. Butler to recover a commission alleged to be due the plaintiffs for services rendered in finding a purchaser *9in the sale of a stock of merchandise owned by defendant. From a judgment entered for defendant upon a directed verdict, plaintiffs bring error.

Abstract of the Decision.

Brokers, § 88 * —when evidence insufficient to show that brokers produced a person able to make a trade. In an action to recover a commission for services rendered by plaintiffs in finding the defendant a person who was able and willing to make an exchange of real estate for a stock of merchandise, action of court in directing a verdict for defendant at the close of plaintiffs’ evidence held not error, it appearing that the person produced did not have sufficient means or real estate and that after negotiations were abandoned such person induced another party to join with him in trading real estate for the stock of goods, the plaintiffs having no knowledge that such a deal was consummated until some considerable time thereafter.

Albert C. Anderson, for plaintiffs in error.

Green & Parmer, for defendant in error; Oris Barth and E. C. Craig, of counsel.

*

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

Mr. Presiding Justice Philbrick

delivered the opinion of the court.