#### S. S. Berry, Appellant, v. W. H. Hewitt, Appellee.

Gen. No. 23,850.

(Not to be reported in full.)

Abstract of the Decision.

1, Brokers, § 36 * —when commission not earned. Under a written contract for broker’s commissions providing that it is understood that in consideration of the procurance of a purchaser and the deal going through, a specified commission will be paid the broker, a commission is not earned if the deal does not go through.

2. Brokers—oral modification of written agreement for commissions. A written agreement for the payment of real estate broker’s commissions cannot be modified by the oral contemporaneous statements of the parties.

Appeal from the Municipal Court of Chicago; the Hon. Harry P. Dolan, Judge, presiding.

Heard in this court at the October term, 1917.

Affirmed.

Opinion filed March 25, 1918.

Statement of the Case.

'Action by S. S. Berry, plaintiff, against W. H. Hewitt, defendant, on a written contract for real estate broker’s commissions. From a judgment for defendant, plaintiff appeals.

Edward Drobnis and Leo J. Kramer, for appellant.

Henry N. Miller, for appellee; John S. Burchmore, of counsel.

*

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

Mr. Justice Dever

delivered the opinion of the court.