Joice v. Norman

<p>Abstract of the Decision.</p> <p>1. Appeal and error, § 1414*—when findings not disturbed. In an action by a real estate broker for commissions, where the evidence as to the nature of the agreement is conflicting, if the court is unable to say that the finding of the trial court is against the weight of the evidence, its findings will not be disturbed.</p> <p>2. Brokers, § 40*—when entitled to commission though principal refuses to execute contract. A broker, employed by the owner to sell property, is entitled to his commissions when he produces a purchaser, within the time limited hy his authority, who is ready, willing and able to purchase the property upon the terms proposed by the seller, even though the seller refuses to execute a contract on the ground that her husband declined to join with her.</p> <p>3. Municipal Court of Chicago, § 27*—when exception to judgment must be shown. Where the bill of exceptions in a first-class case in contract tried in the Municipal Court without a jury fails to show an exception to the judgment, the Appellate Court will not review the evidence nor determine questions of fact.</p>