Moran

The plaintiffs brought this action against the defendant named in the caption and also Ruben Orschansky, Jane Ratzkowski, Richard Sussman, Jane Sussman and certain other defendants designated by fictitious names. The first count alleged an agreement between the plaintiffs and the defendants whereby the plaintiffs were to receive certain commissions for exhibiting and assisting in the sale of certain merchandise; that plaintiffs fulfilled their part of the contract and there became due and payable to them the sum of $26,085.32 of which only the sum of $11,969.50 had been paid. The second count sought to recover the reasonable compensation for space furnished and services rendered to defendants at their request in the sum of $14,115.82, and the third and last count simply asked recovery of $189.67 laid out and expended by plaintiffs for defendants. During the trial the action was dismissed as against all defendants except Jules Ratzkowski. Judgment was rendered for plaintiffs in the sum of $1,043.59 and the plaintiffs prosecute this appeal therefrom.-

Appellants’ first contention is that “there is a material prejudicial variance between the pleadings, the findings of fact and the…