Souc

This is an action to recover four hundred and seventy dollars, the alleged price agreed to be paid by defendant to plaintiff for the construction by the latter of a granite coping around the burial lot of the former. The jury rendered a verdict in favor *432 of plaintiff for said amount of money, for which judgment was entered. Defendant appeals.

We do not think it necessary to notice separately the various rulings and instructions of the court, for the errors assigned all turn upon one proposition of appellant which cannot be maintained; namely, that the scope of the agency of the appellant’s agent, Lenzen, extended only to the drawing of the plans and specifications for the coping, making a contract in accordance therewith, and seeing that such contract was complied with. The evidence shows that there was coping in the cemetery around a lot of one Cooney which pleased the appellant, and that she authorized Lenzen to have one constructed around her lot similar to and of the same quality of material as the Cooney coping. In order to get bids for the work Lenzen prepared a “ sketch” of some “ kind of specifications” upon which the contractors bid. The respondent was the lowest…