Rempel

The plaintiff, as principal, commenced an action to recover a judgment for secret profits against the defendants as her agents. The plaintiff had judgment in the trial court and the defendants have appealed.

The trial court made findings which are not challenged except as hereinafter stated. The findings refer to certain documents which are pleaded in haec verba in the complaint. For the purpose of brevity we have substituted the document for general reference, and without making any other changes, the findings tell the following story:

The appellants complain because the trial court in framing its judgment did not credit the appellants with amounts claimed to have been expended by the appellants in making alterations and repairs. It will be noted that the appellants caused the title to be vested in their agent under a deed dated May 1, 1920. They offered no evidence at the trial showing that any repairs were made prior to that date. The appellants were employed to negotiate a sale. The respondent never at any time conferred on the appellants any authority to make alterations or repairs. Any expenditures made by the appellants for the account of the respondent after May 1, 1920,…