#### Ellsworth Clark and Fred Tess, Jr., trading as Clark & Tess, appellants, v. Charles P. Dewey, appellee.

Gen. No. 7,084.

Action for commission upon the sale of real estate. Judgment for defendant. Appeal from the Circuit Court of Stark county; the Hon. John M. Niehaus, Judge, presiding. Heard in this court at the April term, 1922.

Affirmed.

Opinion filed October 25, 1922.

Clarence W. Heyl and Harry C. Heyl, for appellants. John W. Fling, Jr. and James H. Rennick, for appellee.

Mr. Presiding Justice Jones

delivered the opinion of the court.