Goss v. Smith

1. Contracts : modification and merger: loss of original right of action. The plaintiff alleged an express oral contract, to the effect that the defendant listed for sale with him a certain farm, and expressly promised to pay him a reasonable commission when the farm was sold. The defendant answered with a general denial. Upon the trial, the ease developed by plaintiff’s evidence was somewhat different from that set forth in his petition. The decisive question pre*350seated on this appeal is one of pleading and issue. The developments of the evidence were that the defendant listed with the…