Fischer v. Patterson

Although the plaintiff’s declaration made no reference to the express contract between the parties, it was introduced in evidence and the case was tried as if their rights were determined by it. No objection has been made to the form of the plaintiff’s pleading. Accordingly, the case is treated as one of special assumpsit on a written contract.

The finding that the plaintiff did not produce a customer willing and able to buy does not dispose of the plaintiff’s claim for a commission. Under the provisions of the agreement, “Exclusive Authorization to Sell,” not only would the plaintiff earn a…