Avery

This is an action brought by the plaintiff to obtain an accounting. The defendant answered and a trial was had by the trial court sitting without a jury. After the parties had introduced their evidence tending to prove that there was or was not a fiduciary relation existing between the parties the trial court declined to order an accounting and directed that findings be drawn by the defendant. The findings were so drawn and judgment thereon was entered in favor of the defendant. The plaintiff has appealed from the judgment under section 953a of the Code of Civil Procedure.

Prior to the twentieth day of February, 1919, C. A. Canfield Estate and Harbor View Land Company were the owners of lands near the city of San Pedro, Los Angeles County, and were engaged in selling off said lands in small parcels. At that time the defendant held an exclusive sales contract by virtue of which he was entitled to make the sales and receive certain sums of money as compensation. On that date he entered into a contract with the plaintiff in which he agreed to sell the plaintiff a one-half interest in his contracts for the sum of $1,500. It was further agreed that the plaintiff was to pay down $1,000…