Brown

We set forth the history of the relations between the parties, and their contentions in this court, so far as we can ascertain them from the quite sketchy briefs on file and from our own examination of the record:

Defendant, Grace Baptist Church of Oxnard, desired to erect a new church. It located a plot of land suitable for that purpose, but which in area greatly exceeded the needs of the church. Although quite willing to sell the entire plot, the owners were unwilling to sell only a portion thereof. Not having the immediate financial means to purchase the whole plot, the church sought the aid of plaintiff, who was known in the community as being experienced with the “ins and outs” of real estate contracting and development. Plaintiff agreed to help the church acquire this piece of property. It was understood that title to this property would be taken in the name of defendant church as to one-third of the property, the remaining two-thirds to be taken in the names of plaintiff, John Axtell and H. F. Rosenmund or their nominee. The agreement further provided that the latter three would transfer this two-thirds interest to a corporation to be formed by them for the purpose of…