delivered the opinion of the court.
Murdock v. Calgary Colonization Co., 186 Ill. App. 232 (1914)
April 15, 1914
·
Illinois Appellate Court
·
Glen. No. 5,850
186 Ill. App. 232
T. D. Murdock et al., Appellants, v. The Calgary Colonization Company, Appellee.
Glen. No. 5,850.
(Not to be reported in full.)
Appeal from the Circuit Court of Warren county; the Hon. Robert J. Gbieb, Judge, presiding.
Heard in this court at the April term, 1914.
Appeal dismissed.
Opinion filed April 15, 1914.
*233Statement of the Case.
Action by T. D. Murdock and E. V. Field against The Calgary Colonization Company to recover on a contract for commissions on the sale of land, which contract was oral. There was a plea of the statute of limitations of the State of Manitoba, where the contract was made, and a demurrer thereto which was overruled. Thereafter defendant withdrew its plea of the general issue and plaintiffs elected to stand by their demurrer. Thereupon a judgment for costs was entered in favor of defendant against the plaintiffs. From the judgment, plaintiffs appeal.
E. P. Field and Safford & Graham, for appellants.
Brown & Soule, for appellee.
Abstract of the Decision. Appeal and ebbob, § 278 * —when judgment -for costs on overruling a demurrer is not final. A judgment against plaintiffs for costs, where the court overruled plaintiffs’ demurrer to a plea and the plaintiffs elected to stand by their demurrer, held not a final judgment where it did not adjudge that “plaintiffs take nothing by their suit and that defendants go hence without day.”