In their original petition plaintiffs alleged that defendants engaged to sell plaintiffs' land at $4,000, for a commission of $125, but if only $3,900 could be obtained the commission should be $100; the land sold for $4,000, but defendants fraudulently represented that only $3,900 was obtained; that plaintiffs paid defendants a commission of $100, and that they fraudulently converted $100 of the price paid for the land, and asked judgment for $75; later, plaintiffs were permitted to amend their petition by alleging that defendants through their fraud forfeited all right to commissions, and asked for recovery of commissions paid and the remainder paid. Held, that the amendment was properly allowed. Deter v. Jackson, 76 Kan. 768, 92 P. 546.