MASTER AND SERVANT, § 55 — proof admissible in action on contract of employment. Where plaintiff alleged oral contract of employment with defendant automobile agency, only witnesses to its terms being plaintiff and defendant, to effect that defendant agreed to pay plaintiff compensation of $200 per month plus 10 per cent of profits of business, but defendant denied agreement to pay part of earnings or profits of business, held that allegation that plaintiff was to receive 10 per cent of profits was broad enough to permit proof that this was 10 per cent of profits indicated by reports which were made each month to automobile manufacturer, as variance between allegation and proof in order to be fatal must be substantial and material, and actual profits were immaterial.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by PRESIDING JUSTICE, NIEMEYER.
Not to be published in full. Opinion filed January 8, 1945; released for publication January 29, 1945.