Eaton

The plaintiff, an insane person, brought this action through his guardian, E. G. Twogood, to recover from the defendant, L. 0. Thieme, the sum of $15,085.71, of which $4,333.33 was claimed as an undisclosed profit obtained by defendant in the transaction of plaintiff’s business, and the remainder as an unpaid balance of money collected by defendant as agent of the plaintiff. Judgment was entered, upon an instructed verdict, awarding to the plaintiff the last-named amount only, together with interest. Both parties appeal,—the defendant from the judgment in so far as it gives to the plaintiff any sum whatever, and the plaintiff in so far as it denies him the remainder of the amount prayed for.

We will first consider the appeal of the plaintiff.

The obligation on which the plaintiff sued is based upon a written contract between him on the one part, and the defendant and one Eugene W. Levy on the other. The defendant is a resident of the state of Illinois engaged in business connected with the estates of deceased persons, including searching for possible heirs and the presentation and enforcement of their claims. In the year 1925 there was pending in the circuit court of Illinois a…