Richter v. Adams

[185]

MARKS, J.

This is an- appeal from an amended judgment terminating defendants’ interest in and to an oil and gas lease dated February 20, 1933, made by Lizzie H. Glide, lessor, to Edward R. Richter, lessee, and the leasehold interest therein described, the hydrocarbons produced from the leased property, and certain oil well and drilling equipment, and also giving plaintiff judgment for $27,888.32 for oil produced and sold from the leased property. We will refer to the leased land as the Glide property and to the well involved as Glide number 2. This is the second appeal in this case. Many of the facts are clearly set forth in the opinion on the first appeal

(Richter

v.

Adams,

19 Cal. App. (2d) 572 [66 Pac. (2d) 226]) and need not be repeated here.

After the reversal of the first judgment the case was again set down for trial. Defendants changed their counsel just before the new trial date. The new counsel appeared on the trial date, October 13, 1937, and asked for time to familiarize himself with the case. The trial judge re-set the ease for October 18, 1937, with conditions imposed.

When the cause was called for trial, counsel for defendants presented and asked leave to file amended and supplemental pleadings. The motions were denied except as to one additional defense which was interposed.

In the answer on file it was admitted that much of the oil for which plaintiff demanded payment had been produced in and from the Glide property. By one of the amendments defendants sought to withdraw this admission and place in issue the question of whether or not the oil produced from Glide number 2 was produced from the Glide property. It was alleged that the oil was not produced from the Glide property but was in fact produced from other property under lease to the Shell Oil Company and The Texas Company; that defendants had no knowledge of such facts until about April 24, 1936. Attached to the proposed answer were copies of findings of fact and conclusions of law and judgment in cases decided in the Superior Court of Kern County entitled