Prenzel, Tr. v. Apex Hosiery Co., Inc.

Opinion by

Mr. Justice Schaffer,

This is a suit to recover an agent’s commissions alleged to be due on the purchase price of real estate bought by defendant. Recovery was had in the court below for the full amount claimed. Defendant appealing to us for judgment in its favor, argues some questions which were not raised in the court below on the trial or thereafter. It presents to us a matter of alleged variance between pleadings and proof, the departure being in a declaration for commissions on purchases, irrespective of prices fixed by the buyer, and proof, so it is said, of a contract to…