Duff

This is an action for damages alleged by plaintiff to have been sustained by her by reason of having entered into a contract with the defendant, William B. Dean, for the purchase of real property induced by the false representations of his agents, Walter L. Hogan, and William Bums. Judgment was entered in favor of defendants Dean and Hogan for their costs, the action having been dismissed as to Burns. The plaintiff appeals.

It appears from the record that the plaintiff was the owner of a house and lot in the city of Alameda, upon which there existed a mortgage of two thousand dollars, when she was approached by the defendant Burns, with whom she had a business acquaintanceship, with a proposal that she should exchange said property for country lands. Burns had a working agreement with Hogan, a real estate dealer and broker, who was engaged in selling farm" lands in San Joaquin County, including a tract of twenty-five acres belonging to his codefendant Dean, by which Burns introduced to Hogan prospective purchasers and received as compensation for such introduction and any further services rendered in assisting subsequent negotiations, a part of Hogan’s commission. Burns having…