Green v. Brooks

Works, J. This is an action to declare a trust, and for an accounting. The parties to this action entered into the following' contract:—

“June 27, 1887.

“It is agreed that J. Marion Brooks purchase what is known as the Philbin tract of land, in the city of Los Angeles, containing 31 65-100 acres.

“That T. J. Cuddy is to receive 25 per cent of the net [329]profits on said tract, and that John W. Green receive i (one third) of the net profits on said tract, and that J. Marion Brooks is to receive f (two thirds) of the net profits on said tract.

“That said Brooks be allowed ten (10) per cent on all moneys he may advance in purchase of said lands, and it shall be charged up as expenses in purchase thereof. Said Brooks to contribute to said Cuddy 16| per cent commission, and J. W. Green contribute 8i- per cent, being their respective proportion to the commission, 25 per cent, allowed said Cuddy.

“(Signed) J. Marion Brooks.

“ (Signed) John W. Green.

“(Signed) T. J. Cuddy.”

It is alleged in the complaint that the consideration for said contract was that plaintiff should disclose to said Brooks and Cuddy information in advance of the knowledge defendants and others of the fact of the place in the city of Los Angeles, state of California, of the intended location of the new passenger depot of the Southern Pacific Railroad Company; that said Cuddy should, in advance of the knowledge of that fact by others in said city, use his skill in selecting a desirable tract of land in the vicinity of said intended depot, and negotiating the sale of the same to defendant Brooks; that said Brooks should thereupon purchase the tract to be by said Cuddy selected, and also in consideration of the obligations and interests assumed and arising from the terms of the agreement above set forth.

It is further alleged that the plaintiff did disclose the location of said depot-grounds as agreed upon, and that the same was located at the place designated; that Brooks purchased a certain tract of land near said location, as agreed in said contract, for the sum of one hundred and twenty-five thousand dollars, and received a deed therefor; that the land so purchased increased largely in value; that he subdivided the tract into blocks and lots, and