Etty v. Federal Consulting Service, Inc.
District of Columbia Court of Appeals
1Opinion of the Court
HOOD, Associate Judge.
From a judgment against her defendant has appealed and urges two grounds for reversal.
The first ground is that there was a variance between the pleadings and proof. The complaint alleged that the defendant “wrongfully withholds from plaintiff the sum of $2,922.97 representing a portion of funds which came into defendant’s hands for distribution to plaintiff.” The proof tended to show that defendant, a manufacturer’s agent, having authority to sell a quantity of steel, engaged plaintiff to assist her in making a sale, and agreed to pay plaintiff a sum equal to one-half…
2Cases cited4 opinions
- Grayson v. LynchSupreme Court of the United States · 1896
- Twachtman v. ConnellyCourt of Appeals for the Sixth Circuit · 1939
- Standard Oil Co. v. BrownSupreme Court of the United States · 1910
- Farris v. Meyer Schuman Co.Court of Appeals for the Seventh Circuit · 1940
3Cited by5 opinions
- Reese v. WellsDistrict of Columbia Court of Appeals · 1950
- Autocomp Inc. v. Publishing Computer Service, Inc.District of Columbia Court of Appeals · 1975
- Fistere, Inc. v. HelzDistrict of Columbia Court of Appeals · 1967
- Jess Fisher & Co. v. DarbyDistrict of Columbia Court of Appeals · 1953
- Hankin v. SpilkerDistrict of Columbia Court of Appeals · 1951