McKenzie v. Miller & Co.

1. A suit against a broker to recover profits actually realized from a completed sale of personal property can not be amended by alleging that the profits would have accrued but for his negligent failure to execute an order to sell. The original suit is based on an implied *829assumpsit for money liad' and received by him for the benefit of the plaintiff. The amendment is to recover damages measured by the profits that the plaintiff would have made, if the broker had executed the order to sell.

Attachment, from city court of Atlanta — Judge R.eid. December 12, 1908. Argued April 13, — Decided…