In an action by a real estate broker for commissions the declaration alleged that plaintiff rendered services in procuring for defendants a contract for the erection of a number of houses, and that defendants agreed to pay him a commission of one per cent, of "the amount of the contract price for the erection of said houses." Plaintiff claimed commissions on the sum, which the evidence showed included both the cost of the houses and of the lands on which they were erected, this entire sum being secured by mortgage to defendants from the other party to the contract; the contract for commissions was oral, and plaintiff testified that both parties understood that the commission was to be calculated on the total amount of the mortgages. Held, that there was no material variance between the pleadings and the proof. Richards v. Richman, 5 Pennewill (Del.) 558, 64 A. 238; Smith v. Sharp (Ala. Sup. '09), 50 S. 381.