#### Elmer E. Kelso, appellant, v. Joe Chipman, appellee.

Action of assumpsit to recover a commission for the sale of real estate. Judgment for defendant. Appeal from the Circuit Court of Fulton county; the Hon. Harry M. Waggoner, Judge, presiding. Heard in this court at the April term, 1921.

Reversed and remanded.

Opinion filed October 25, 1921.

Harvey H. Atherton and Glenn Ratcliff, for appellant.

Burnett M. Chiperfield and Claude E. Chiperfield, for appellee.

Mr. Justice Niehaus

delivered the opinion of the court.