Wood

Appellants, defendants and cross-complainants in the trial court, have appealed from “the order and judgment . . . dismissing the Cross-Complaint” of defendants. That judgment of the court was entered against them after they failed to amend their cross-complaint to which a demurrer had been sustained with leave to amend.

Plaintiffs instituted the action, and defendants filed their cross-complaint, alleging therein that plaintiffs, in August, 1943, agreed to purchase from them certain lands described in the complaint for $125,000, a down payment of $50,000 having been paid, the balance to be paid during a period of five years, same secured by a deed of trust on the land in favor of defendants. It was further alleged that the land sold was leased to Standard Oil Company of California, the lease reserving to the lessors a royalty of one eighth, of which royalty one third was reserved to defendants; that plaintiffs took possession of the land, farmed it with great profit and received their two thirds of the royalty; that in May, 1945, plaintiffs began this suit against them, charging that in the transaction of sale defendants acted as plaintiffs’ agents, and that the royalty reserved…