Galeppi

This is an appeal from a judgment entered in favor of respondent against appellant George H. Waugh in the .sum of $4,000 and directing defendant Lassen County Guaranty Company to pay and deliver to respondent the $4,000 held by it as commission due the appellant George H. Waugh, as realtor, for the sale of respondent’s ranch.

The action is founded on fraud practiced upon respondent by Waugh in selling property in excess of his authority, and fraudulent statements in connection therewith made by Waugh to respondent which induced respondent to sign a contract for the sale of said property. Since Waugh is the only party appellant affected by this appeal, hereafter when we use the word “appellant” we are referring to Waugh, unless otherwise stated.

The facts and the evidence most favorable to respondent are: In 1956 respondent listed his 4,854-acre ranch, together with the farm machinery and equipment, for sale with the appellant, a realtor. Under the terms of the “Authorization to Sell” appellant was employed to find a purchaser, and was granted the authority to sell the ranch for $90,000 and the farm machinery and equipment for $10,000, also approximately 400 head of cattle at…