Stroup v. Brittain

Opinion by

MAXEY, C.

The parties will be referred ,to as they appeared in the court b.elow.

Wm. A. Brittain sued the defendant, Mrs. D. H. Stroup, guardian of D. II. Stroup, an incompetent, for a commission on the-sale of a stock of goods and recovered judgment in the court below, through the verdict of a jury, for $150, and defendant appeals. There are only two questions argued in the brief of counsel for plaintiff in error, and may be stated as follow®:

“First, that plaintiff below is not entitled to recover, because there is a variance between ■ the proof and the petition; second, that the…