Where defendant agreed to pay commissions for sales of lands to customers "procured" by plaintiffs, an instruction that defendants were liable if plaintiffs "furnished" customers, is not a departure from the issues made. Boyd v. Watson, 101 Iowa 214, 70 N. W. 120. A petition alleged that defendant promised to pay plaintiff and another a commission for selling defendant's farm, but refused to pay the same on sale of the farm; an amended petition alleged in the first count that defendant had promised to pay plaintiff a commission for selling the farm, but had paid one-half thereof; the second count alleged that defendant agreed to pay plaintiff and another a certain sum each for selling the farm, but that on sale thereof refused to pay plaintiff his part of the commissions. Held, that the amended petition did not embrace a different cause of action from that pleaded in the original petition, there being nothing in either of the pleadings to indicate that plaintiff intended to charge the existence of a partnership relation between himself and the other agent acting with him in selling the farm. Sain v. Rooney, 125 Mo. App. 176, 101 S. W. 1127.