#### J. A. Lucas, Defendant in Error, v. Malcolm Lamont et al., trading as Lamont & Clasen, Plaintiffs in Error.

Gen. No. 20,182.

(Not to be reported in full)

Abstract of the Decision.

Partnership, § 249 * —when judgment in favor of individual is erroneous. A judgment for brokerage fees for the sale of real estate in favor of an individual is erroneous where the evidence shows that the claim for such fees was that of a partnership.

Error to the Municipal Court of Chicago; the Hon. Harry M. Fisher, Judge, presiding. Heard in this court at the March term, 1914.

Reversed and remanded.

Opinion filed December 21, 1914.

Statement of the Case.

Action by J. A. Lucas against Malcolm Lamont and E. Norman Ciasen, trading as Lamont & Ciasen, to recover a brokerage fee for the sale of real estate. Plaintiff recovered a judgment for $131.25, and the defendants bring error.

Jennings & Fifer and Andrew Hummeland, for plaintiffs in error.

William J. Ammen, for defendant in error.

*

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

Mr. Presiding Justice Brown

delivered the opinion of the court.