Fuller

An action in equity to compel an accounting and to establish a trust in certain property.

The case was tried before the court without á jury and judgment went in favor of the plaintiff and against defendant Charles -S. Mann for $351.05 and against Citizens Trust and Savings Bank for $243.51. From this judgment, the plaintiff Charlotte Estelle Fuller prosecutes this appeal.

The material facts are not in dispute and are briefly these: In the year 1919, Mrs. Fuller, the plaintiff and appellant herein, owned 315 acres of land in Los Flores canyon in Los Angeles Comity. This property was mortgaged for $6,000, which was due and unpaid. There were also delinquent taxes against the property.

Appellant was very anxious to sell the property in order to save her equity therein. She had considerable negotiations with respondent Charles S. Mann relative to employing him as her agent to negotiate a sale of said property. Finally, on July 7, 1919, a written agreement was entered into between appellant and respondent, Charles S. Mann, reciting the ownership of the land by appellant, and that respondent had prepared a plan for developing and disposing of the property (a copy of which plan was…