Awbrey

Action to recover secret profits made by a real estate agent in the sale or exchange of certain prop erties. The complaint is in three counts. The first pleads in substance that plaintiff was the owner of a ranch in Santa Clara County and defendant agreed to act for her as agent in the sale or exchange of the same, and to obtain the best possible price therefor. It is then alleged that while defendant was so employed he entered into a secret arrangement with one Thomas to exchange plaintiff’s property for property owned by Thomas, and in order to carry out the transaction he procured plaintiff to deed to him her ranch for a certain sum and thereafter made the exchange from which he derived secret profits in the sum of three thousand four hundred dollars. The second count is for money had and received, and the third for an alleged conversion of such sum. Trial was had by jury and a verdict was rendered in favor of plaintiff in the sum of two thousand dollars. As grounds for a reversal appellant claims that the verdict was rendered in an irregular manner and the evidence is insufficient to justify the conclusion that he was the agent of respondent in the exchange of the properties.…