Brannan v. Strauss

Citations

• 75 Ill. 234

Syllabus

<p>1. Practice—time to object to evidence for variance. An objection that the evidence fails to sustain the cause of action as stated in the declaration comes too late on appeal to this court, when no objection was made to it in the court below, or motion made to exclude it, especially since the late statute allowing amendments, as, under it, the objection might have been obviated by amending the declaration.</p> <p>2. Agency — right to commissions lost by misconduct. When goods are entrusted to an agent to be sold on commission, and the proceeds to be accounted for monthly, if he sells the goods and converts the proceeds to his own use, rendering no account, he will be entitled to no commissions,</p>