Conwell

This action was brought by the plaintiff to recover the sum of two thousand dollars, alleged to be due the plaintiff from the defendant under a contract whereby, it is alleged, the latter employed the first named to procure for her a purchaser of certain mining property, situated in Mariposa County.

Judgment passed for the plaintiff in the sum sued for. In due time, the defendant moved for a new trial and the court granted the motion.

This appeal is by the plaintiff from the order granting said motion.

The grounds upon which the motion for a new trial was pressed were: 1. That the evidence was insufficient to justify the decision, findings, and- judgment; 2. That the decision and judgment are against law; and 3. Errors of law occurring during the trial and excepted to by the defendant.

The instrument upon which the plaintiff declares is in the form of a power of attorney, and it purports to confer upon one S. Garlón full power “to grant, bargain, sell, remise, release, convey and quitclaim to whom and upon such terms as our attorney may deem best, all of onr right, title and interest, estate, claim and demand, both in law and equity, as well in possession as in expectancy of,…