#### John K. Joice, Appellee, v. Lydia Norman, Appellant.

Gen. No. 20,337.

Abstract of the Decision.

1. Appeal and error, § 1414 * —when findings not disturbed. In an action by a real estate broker for commissions, where the evidence as to the nature of the agreement is conflicting, if the court is unable to say that the finding of the trial court is against the weight of the evidence, its findings will not be disturbed.

2. Brokers, § 40*—when entitled to commission though principal refuses to execute contract. A broker, employed by the owner *286to sell property, is entitled to his commissions when he produces a purchaser, within the time limited hy his authority, who is ready, willing and able to purchase the property upon the terms proposed by the seller, even though the seller refuses to execute a contract on the ground that her husband declined to join with her.

*285(Not to be reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. John K. Prindiville, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1914.

Affirmed.

Opinion filed April 22, 1915.

Statement of the Case.

Action by John K. Joice against Lydia Norman for the value of services rendered in negotiating the sale of real estate belonging to the defendant. On a trial before the court without a jury the court found that the plaintiff produced a purchaser within the time limited, who was ready, willing and able to purchase on the terms proposed, but that the defendant refused to sign the contract, and rendered judgment for the plaintiff for sixteen hundred and fifty dollars. Defendant appeals.

William Annan Taylor and Hugh R. Porter, for appellant.

Harry A. Biossat, for appellee.

*

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

Mr. Presiding Justice Fitch

delivered the opinion of the court.

*2863. Municipal Court of Chicago, § 27*—when exception to judgment must be shown. Where the bill of exceptions in a first-class case in contract tried in the Municipal Court without a jury fails to show an exception to the judgment, the Appellate Court will not review the evidence nor determine questions of fact.