Thomas

This cause is before us upon the judgment-roll alone, and involves the correctness of the conclusions of law drawn from the findings and the judgment rendered in pursuance thereof. The action was based upon the fraudulent conduct of the defendant, a real estate dealer, acting as agent of the plaintiff in the sale of certain lots whereby the defendant received large secret profits. The two lots involved are Nos. 137 and 138, fronting on a certain avenue known as and called “Industrial Avenue”, directly across the street from an industrial plant established by the Pacific Goodrich Rubber Company, in the county of Los Angeles. With this statement, a resume of the findings will adequately present the questions tendered for decision.

The court found that at all times mentioned in the plaintiff’s amended complaint the defendant P. N. Snyder was the agent of plaintiff for the purpose of buying, selling and obtaining a purchaser for the two lots just mentioned; that at all times, until shortly before the commencement of this suit, the plaintiff believed in, and relied solely upon, and reposed full and entire confidence in the said P. N. Snyder, and in the latter’s honesty, integrity,…