Oswald

This action was brought by plaintiff to recover from defendant, an undisclosed principal, the cost of certain street and curb improvements installed by plaintiff in connection with the sale to defendant of a certain tract of land owned by plaintiff, the sale being affected through M. E. Oswald, who acted as defendant’s agent, and through G. S. Chapin and E. 0. Earle, who acted as dummies in the transaction. Defendant being desirous of purchasing said tract, sent his brother, M. E. Oswald, to plaintiff to consummate the deal. Plaintiff refused to sell said tract to defendant, and thereupon M. E. Oswald, with the consent of defendant, procured Chapin to purchase same in his name for defendant, authorizing him to pay $51,000 for it. Chapin made a deal with plaintiff for said tract and entered into a contract for the purchase of same, in which he agreed to pay $51,000 for said tract, $25,000 to be paid within thirty days and for the remainder a mortgage to be executed by him—$2,000 cash being paid at the time of signing the said contract. He also embodied in said contract an agreement to pay plaintiff for certain improvements to be made by plaintiff for the benefit of said tract. The…