Cox

— In 1884, Mr. Matthew Gage was engaged in the construction of a canal which was to take-water from a station in San Bernardino County, and to conduct the same to lands below the point of diversion for irrigation. For this purpose he employed Mr. C. C. Miller, a civil engineer, and intrusted to him the sole management of the matter, with full power to locate the line and construct the ditch. The defendant, Cox, knowing that Miller was clothed with the authority to determine where the ditch should be run, visited Miller, and asked him “ to give him some points on what land was going to come under the Gage canal.” It appears that Miller and his son-in-law, plaintiff Richardson, had previously agreed upon the line on which the ditch was to be constructed, and had taken steps to secure a portion of the. lands to be benefited by the water which it would carry. The result of the interview is shown by the testimony of Richardson, which is substantially as follows, and is uncontradicted: “Shortly after, Miller came in, and we . three talked it over and agreed to let Mr. Cox in on the purchase of the land, .... with the understanding that he was to put up all the money, pay the taxes, the…