#### G. Dette, Defendant in Error, v. Millie Pope, Plaintiff in Error.

Gen. No. 20,247.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Joseph S. LaBut, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1914.

Reversed and judgment here with finding of facts.

Opinion filed March 11, 1915.

Statement of the Case.

Action by Gr. Dette against Millie Pope to recover the sum of $137.50 claimed to be due the plaintiff as commission for the sale of certain property owned by defendant. Prom a judgment for plaintiff for $91.67, defendant brings error. Plaintiff also assigns cross-error upon the action of the court in entering judgment for but $91.67 instead of the full' amount claimed, in view of the fact that there was no dispute as to the amount, if the plaintiff was entitled to recover at all.

Saltiel & Rossen, for plaintiff in error.

Jones, Kerner & Posvic, for defendant in error; DeWitt C. Jones, of counsel.

*67Abstract of the Decision.

1. Judgment, § 205 * —conformity to evidence in amount. Where in an action by a real estate broker to recover commission for the sale of property owned by defendant, the plaintiff made out a clear prima facie case, and the amount he was entitled to recover, if he was entitled to recover at all, was not disputed, the action of the court in entering judgment for less than that amount on the strength of an offer which plaintiff had made to settle for less than the amount claimed, which offer had not been accepted by defendant, was erroneous.

2. Appeal and error, § 1810*—when judgment entered in Appellate Court. Where on a writ of error by defendant from a judgment against him plaintiff’s cross-errors complained of the action of the court in entering judgment for less than the amount which the undisputed evidence showed he was entitled to recover, if entitled to recover at all, the Appellate Court on finding that plaintiff was entitled to recover the full amount claimed will enter judgment for the proper amount without remanding.

*

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

Mr. Justice Scahlah delivered

the opinion of the court.