Where the plaintiff, in an action by a broker to recover commissions, set out in haec verba the written contract, which spoke of the land as the "Abbey Ranch," the fact that the plaintiff showed where the land was situate did not create a variance between the contract set out and the one pleaded in its legal effect. Hill v. McCoy, 1 Cal. App. 159, 81 P. 1015. Compare Sec. 476.