In an action for a broker's commissions, the only allegation in plaintiff's complaint, showing the liability of defendant, was that within two years prior thereto the defendant became indebted to plaintiff's assignor in a certain sum for services rendered by him to the defendant at his special instance and request. Held, that the only issue tendered by the plaintiff was the indebtedness existing at the time the action was commenced for certain undisclosed services, and on that issue it was competent for defendant to offer, and for the court to consider, any evidence which would tend to show that, even though the services were rendered, they did not create an indebtedness against the defendant, and defendant's failure to set up in answer, as a defense, that the assignor had received a commission from the purchaser, did not preclude him from offering evidence thereof, or the court from considering its effect. Ramer's Law & Coll. Co. v. Bradbury, 3 Cal. App. 256, 84 P. 1007. Compare Sec. 678.