#### Louis Wald, Appellee, v. Morris Lilienthal et al., trading as Lilienthal, Berman & Elisberg, Appellants.

Gen. No. 23,343.

(Not to be reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. Sheridan E. Fey, Judge, presiding. Heard in this court at the March term, 1917.

Affirmed.

Opinion filed December 3, 1917.

Statement of the Case.

Action by Louis Wald, plaintiff, against Morris Lilienthal, Ruby Berman and Harry Elisberg, copartners, trading as Lilienthal, Berman & Elisberg, defendants, ■ for salary and commissions claimed under a contract. From a judgment for plaintiff for $187.69, defendants appeal.

McEwen, Weissenbach & Shrimski, for appellants; Jerome J. Cermak, of counsel.

Hyman L. Weiss, for appellee.

*328Abstract of the Decision.

Appeal and error, § 1414 * —when finding of court on conflicting evidence not disturbed. In an action to recover salary and commissions, tried hy the court without a jury, where the evidence is conflicting, the finding of the trial court in favor of the plaintiff will not be disturbed on appeal unless clearly and manifestly against the weight of the evidence.

*

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

Mr. Justice McSurely

delivered the opinion of the court.