Linnard

D. M. Linnard (hereinafter referred to as the defendant), while he was lessee of the Fairmont Hotel, and San Francisco Realty Co., a corporation (hereinafter referred to as the plaintiff), entered into a written contract wherein and whereby, in consideration of plaintiff’s promise to write specified insurance on terms admittedly favorable to defendant, the latter appointed the former and the former accepted such appointment as “his sole and exclusive agent or broker for the placing of all insurance now carried or to he hereafter carried by him in connection with the ownership, occupation and maintenance of the Fairmont Hotel,” for the term of five years and upon express terms fixing the amount of the premiums to be charged for such, insurance. Approximately seven months after the execution of this agreement the owner of the hotel conveyed the hotel to the defendant, who forthwith conveyed it to the Fairmont Hotel Company, a corporation, which in turn conveyed the legal title to a trustee under a deed of trust securing a bond issue. At the same time the defendant surrendered his lease. After the execution of the agreement but prior to the above transfers of title to the hotel…