Cole

These are appeals from the judgment and from an order denying motions for a new trial.

By an agreement in writing, of date February 1, 1905, the respondent granted to the defendant Armitage and others, for the period of eighteen months, an exclusive agency for the sale of a certain tract of land. At a later date the rights of all the grantees of the agency were lodged in Armitage by assignment. For that reason, as well as for convenience, the contract will be referred to as if it had been entered into, on the one part, by Armitage alone. The instrument provided, among other things, that Cole should forthwith subdivide the property; that he should subscribe a certain map delineating the subdivision and dedicate to public use all streets and alleys shown on it; that he should grade and gravel certain streets and sidewalks in the tract; that he should execute and deliver contracts for the conveyance of lots upon sales being made by Armitage; and that he should execute and deliver to purchasers deeds to lots upon the payment to him of $250 for each and every lot to be conveyed. Armitage was to forthwith advertise the lots for sale, maintain a sales office on or near them, and…