Jolliffe

Action to quiet title. Defendants appeal from judgment in favor of plaintiff, and from an order denying their motion for a new trial.

On August 18, 1904, plaintiff entered into a written agreement with defendant Steele, whereby she granted to him “the exclusive option to purchase or sell for her,” at his discretion, the property described in the complaint, at the prices specified in the contract. The stated consideration moving to plaintiff from defendant was the covenants made on the part of Steele, as set forth in said contract. The only covenant contained in the contract on the part of Steele is as follows: “The said second party (Steele) hereby accepts the option to purchase or the right to sell the aforesaid property under the terms of this agreement, and agrees to do all in his power to dispose of the aforesaid property as per the terms of the agreement.” By the agreement Steele was authorized to contract for certain street work and surveys of the property, the expense of which, however, was to be borne by plaintiff. For the purpose of subdividing the property, he did, as empowered, cause a survey thereof to be made for the purpose of such subdivision and sale. Plaintiff’s…