#### Eugene A. Bournique, Appellee, v. John B. Drake et al., on appeal of John B. Drake, Appellant.

Gen. No. 20,830.

(Not to be reported in full.)

Appeal from the Superior Court of Cook county; the Hon. William E. Dever, Judge, presiding.

Heard in the Branch Appellate Court at the October term, 1914.

Reversed and remanded.

Opinion filed October 5, 1915.

Rehearing denied October 15, 1915.

*13Abstract of the Decision.

Bbokebs, § 37 * —when broker not procuring cause of sale. Evidence held insufficient to show that a broker was the procuring cause of a sale of real estate, where the sellers had submitted the property to the buyer at the same price before the broker, and the vendee told the latter that knowing the seUers, the buyers would probably deal *14directly with the vendor, and thereafter without the broker’s aid or influence purchased directly from the sellers.

*13Statement of the Case.

Suit by Eugene A. Bournique against John B. Drake and others for broker’s commissions based upon the claim that plaintiff was the authorized agent of defendant to find a purchaser of certain real estate belonging to the estate of John B. Drake, Sr., and that he was the procuring cause of the sale thereof. It appeared that the property in question was purchased by the trustee of the estate of Marshall Field for $1,100,000, that the property was first offered to the Field estate by Drake, but that the trustees were not then in a position to purchase it, that such property was located near the retail store of Marshall Field & Company and was desirable for the Field estate and that the purchasers and seller were acquainted with each other. The plaintiff had nothing to do with the negotiations in which the terms of sale were discussed, and though the evidence was conflicting, it tended to show that the purchasers treated the plaintiff’s efforts with courtesy but finally took up the matter of purchasing directly with Drake. At the trial the plaintiff recovered a judgment for $27,500, two and one-half per cent, of the selling price, and the defendant appeals.

Wilson, Moore & McIlvaine, for appellant; N. G. Moore, of counsel.

Miller, Gorham & Wales, for appellee.

*

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

Mr. Justice Barnes

delivered the opinion of the court.