Gillons

This is an action for the recovery of commissions for certain sales of oil made by Graham-Loftus Oil Company to the appellant. The appeal is from a judgment for the plaintiff.

The respondent’s cause of action is based upon a written contract between him and the appellant, reciting that he had rendered services in the obtaining of a contract between appellant and Graham-Loftus Oil Company; the appellant, in consideration of such services, promising to pay a commission of a certain amount for each barrel of oil delivered under the contract between the two companies.

[1] At the commencement of the trial the appellant objected to the reception of evidence on the ground that the complaint fails to state a cause of action. The objection was overruled, and it is claimed that the ruling was erroneous. This point is based upon the assertion, made in appellant’s brief, that plaintiff’s pleading contains no allegation that any oil was ever delivered to appellant “under the contract” between the two companies. The appellant evidently means to contend, strange as it may seem, that such an allegation, in terms, is necessary to the complete statement of a cause of action in a case like this.…