In an action for commissions for selling land, where the petition alleges that the tract contained thirty-five acres and that the purchaser agreed to purchase it "for the sum of $200 per acre, and in the aggregate for the sum of $7,000," and that defendant agreed to pay plaintiff five per cent. for procuring a purchaser, and the evidence shows that the land disposed of contained forty-two acres, and was sold for $7,000, but after the sale the tract was found to contain only thirty-five acres, whereupon defendant made the sale for $6,500, judgment for five per cent. on the $6,500 is warranted, and defendant can not object that the pleading alleged a sale for $200 an acre, while the evidence showed a sale for less than that sum. Hoefling v. Hambleton, 84 Tex. 517, 19 S. W. 689.