Where a declaration alleges an agreement on a "sale" of real estate, proof of an exchange of the property is not a fatal variance, if defendant is not misled. Whitaker v. Engle, I11 Mich. 205, 69 N. W. 493; Park v. Towne (S. D. Sup. '08), 116 N. W. 1123; Clark v. Allen, 125 Cal. 276, 57 P. 985.

In an action by a broker to recover a commission for a sale of the defendant's real estate; held, that there was no variance between the evidence offered and the statement of claim. Hobbs v. Junge, 202 I11. App. 191.