ON MOTION FOR REHEARING
In their motion for rehearing appellants particularly urge that we erred in reforming the judgment and giving appellee Strain the full five percent (5%) commission sued for because appellee did not except to that judgment in the trial court and complained of the judgment for the first time by counterpoints set forth in his brief filed in this court. Appellants’ contention in this respect is well taken.
The trial was before the court without a jury and no motion for a new trial was required as a prerequisite for an appeal. Rule 324, Texas Rules of Civil Procedure. In such a case a Court of Civil Appeals is authorized to consider errors assigned by an appellee by way of cross-points even though he has not perfected an appeal. Bowman v. Puckett, 144 Tex. 125, 188 S.W.2d 571; Dallas Electric Supply Co. v. Branum Co., 143 Tex. 366, 185 S.W.2d 427; English v. Century Indemnity Co., *654342 S.W.2d 366 (Tex.Civ.App. no writ history); South Texas Building Co. v. Ideal Engineering, Inc., 402 S.W.2d 292 (Tex.Civ.App.); 1966 n. r. e. It is required, however, that an appellee must apprise the trial court of any complaint or objection he has to the judgment. First National Bank in Graham v. Corbin, 153 S.W.2d 979 (Tex.Civ.App.), 1941 ref. w. m.; Rule 324, supra. In the instant case appellee did not except to the judgment, give notice of appeal therefrom, or in any manner apprise the court of his dissatisfaction therewith. His cross-points should be and are therefore overruled. West Texas Utilities Co. v. Irvin, 161 Tex. 5, 336 S.W.2d 609; Tarin v. Tarin, 340 S.W.2d 364 (Tex.Civ.App.), 1960 n. r. e.; Walker-Smith Co. v. Coker, 176 S.W.2d 1002 (Tex.Civ.App.), 1943, ref. w. m.
The judgment is in all things affirmed.