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Free Books / Real Estate / American Law Of Real Estate Agency / | ![]() |
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Sec. 704a. No Variance Between Allegations And Proof |
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This section is from the book "American Law Of Real Estate Agency", by William Slee Walker. Also available from Amazon: American law of real estate agency.
In an action to recover commissions for procuring a loan, there is no variance between an allegation that plaintiff procured a loan for defendant, and evidence that at defendant's request and on his promise to pay a commission, plaintiff procured a loan to be made by a corporation formed by defendant, and a common count that plaintiff performed work for defendant, of the price and value of a certain sum, authorized a finding that defendant agreed to pay plaintiff the usual commissions or the reasonable value of his services. Williams v. Clowes, 75 Conn. 155, 52 A. 820.
 
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