Idelson v. Robinson

Plaintiff had judgment on a verdict in his action for a commission on a sale of real estate. Defendants, plaintifs in error, rely upon but three of their assignments of error.

First, that the court erred in not striking the amended complaint from the files, on their motion that it was a departure from the original and stated a new cause of action, because the original was upon a special contract and agreement to pay a specified sum as a commisison, and the amended complaint was upon a quantum meruit. The amended complaint was practically the same as the original, merely changing the allegation…