“ Upon this hypothesis it is said that there is no evidence to support a judgment grounded upon their liability for a breach of duty as agents, since one may not act as agent for the buyer in the sale of property of which he is himself the sole owner.
But the finding of fact was that the defendants, after agreeing to purchase in behalf of the plaintiff, 'and in pursuance of that agreement, purchased the said mining property,' etc. This finding is a flat contradiction of the claim that they were the owners when they agreed to represent the plaintiff in buying the property. ”

“ We lay out of consideration, in the present situation of this case, all conflicting oral evidence relating to the agreement. There is left only what is said to be conclusive documentary evidence to support the claim. ”