Turner

The plaintiff in this action appeals from the judgment and from an order denying her motion for a new trial. The action was brought against John Howze to recover damages on account of certain partial breaches of a contract, which contract, except for such breaches, remained in force at the commencement of this action and at the time of trial and judgment herein. The defendant Howze died after the briefs were filed on this appeal and the above-named respondents were duly substituted for him as parties herein.

On the eleventh day of April, 1908, the plaintiff being the owner in fee of a twenty-acre tract of land in the city of Los Angeles, entered into a contract with the defendant John Howze whereby she appointed him exclusive agent to subdivide and make sales of lots in the subdivision of the land described in the complaint; the agent to act without compensation, except as provided in the contract. The prices of lots were to be distributed so that the price of the whole of the land should net to the plaintiff the sum of fifty thousand dollars and the defendant was to diligently prosecute the business and complete the same as soon as the same could reasonably be done, not…