Cooper v. Schoeberlein

Appellee instituted suit in the circuit dourt of Kane county against appellant to recover, commissions alleged to be due him as a real estate broker on the sale of certain lands belonging to appellant. The declaration consists of the common counts, accompanied by an affidavit of merits. To said declaration appellant filed a plea of the general issue with affidavit of merits. A jury was waived and a trial was had, resulting in a finding and judgment in favor of appellee for $2,430. To reverse said judgment, this appeal is prosecuted.

It is first contended by appellant that the finding in this…