#### S. J. Hurd, appellant, v. Margaret B. Kirk, appellee.

Gen. No. 7,126.

Suit for money claimed by agent for sale of real estate. Judgment for defendant. Appeal from the Circuit Court of De Kalb county; the Hon. C. F. Irwin, Judge, presiding. Heard in this court at the April term, 1923.

Reversed and remanded.

Opinion filed May 17, 1923.

Rehearing denied July 17, 1923.

Garrett, Maynard & Hull and Thomas M. Cliffe, for appellant. Fisher, North, Welsh & Linscott and Morris J. Hincheliff, for appellee.

Mr. Justice Jett

delivered the opinion of the court.