Where, in an action by a broker for commissions, the complaint alleged that he was employed to procure a purchaser of real estate for a commission, on condition that plaintiff would at once advise the purchaser to give the seller a contract for the construction of a building on the premises, but that, unless the seller got such contract the plaintiff should receive nothing, and that the purchaser awarded to the owner such a contract, and the broker testified that the owner informed him that, if he induced the purchaser to award to the owner a contract to erect a building, a specified sum would be paid as commissions, otherwise no commission would be paid, the subsequent testimony of the broker that nothing was said as to his advising the purchaser to build, did not create a variance between the pleading and the proof, but, at most, only varied the terms of the contract relating to the same transaction, and the owner was not misled thereby. Geiger v. Riser (Colo. Sup. '10), 107 P. 267.