#### Frank Zurek and Martin Wierbowski, Defendants in Error, v. Joseph Ferfecki and Regina Ferfecki, Plaintiffs in Error.

Gen. No. 22,191.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. John R. Newcomer, Judge, presiding. Heard in this court at the March term, 1916.

Reversed without remanding.

Opinion filed June 19, 1916.

Statement of the Case.

Action by Frank Zurek and Martin Wierbowski, plaintiffs, against Joseph Ferfecki and Regina Ferfecki, defendants, to recover commissions under a contract for the exchange of real estate between defendants and others. From a judgment for plaintiffs, defendants prosecute a writ of error.

Thomas E. Swanson, for plaintiffs in error.

*588Abstract of the Decision.

Brokers—when verdict should be directed for defendants in action for commissions. In an action by a broker to recover a stipulated commission for the exchange of real estate between defendants and others where there was no testimony to contradict evidence in behalf of defendants that the agreement was that no commission should be paid unless the deal was closed, and it was admitted that the deal was never carried out, held that a verdict for defendants should have been instructed.

Bernard J. Brown, for defendants in error.

Mr. Justice Holdom

delivered the opinion of the court.