Bowen v. Priebe ( 1911 )

Per Curiam.

Action to recover $50, alleged to have been agreed upon as compensation for finding a purchaser for defendant’s rooming house, furniture, and fixtures.

1. The complaint states a cause of action.

2. The evidence supports plaintiff’s claim that defendant agreed to pay him $50 if defendant succeeded in exchanging his property for certain real estate belonging to a third party introduced by plaintiff.

3. The court did not err in instructing the jury that it was not uncommon to change a contract to sell property into a contract of exchange of property, with the understanding that the commission to the agent remain the same.

4. That there was a variance between the proofs and the -complaint was not ■raised at the trial.

5. No errors in the charge or rulings.

Affirmed.

Simpson, J., .took no part.