Saxon

Appeal by the defendant from a judgment entered in accordance with the prayer of plaintiff’s complaint, and from an order made in the trial court denying to the defendant a new trial. The judgment-roll is included in the transcript and the evidence heard at the trial is presented by bill of exceptions.

Plaintiff by this suit sought to recover the sum of five hundred dollars, with interest, alleged to have been deposited with the defendant under the terms of a certain agreement. The cause of action is in the main stated in paragraph II of plaintiff’s complaint, which paragraph reads as follows:

It is claimed, in the first place, that the evidence is insufficient to support the findings made by the trial judge. The evidence showed that in 1912 the plaintiff, having theretofore entered into a contract with the defendant by which the plaintiff acquired the right to market automobiles manufactured by defendant within certain territory in the state of California, desired to bring to an end her business relations with defendant. The full time fixed by the agreement between the parties had not then expired and defendant sent to California its agent for the purpose of endeavoring to…