Hogan v. Gilbert

The plaintiff, a real-estate broker, sued the owner of certain land for commissions on account of having produced a purchaser ready, able, and willing to buy the property listed, on the terms offered by the owner. The petition alleged that the contract for commissions was with the plaintiff. The defendant fuoved for a nonsuit, on the ground of a variance between plaintiff’s testimony and his petition, because the plaintiff testified that, after the original employment of himself, he stated to the defendant that he would need his brother to assist in making a sale, and wanted the brother to…