Where the petition in an action by a broker for commissions sets forth a cause of action based on a contract of employment entered into in April, there can be no recovery on proof showing a contract made in August following, containing similar terms, and the court should either direct a verdict for defendant, or permit an amendment making the pleading conform to the proof. Hurst v. Williams, 31 Ky. L. R. 658, 102 S. W. 1176.