Russell

Guy N. Stafford has moved the court to recall and correct the remittitur issued out of this court in Coburg Oil Co. v. Russell; Guy N. Stafford, defendant and appellant, Civil No. 17718, reported in 100 Cal.App.2d 200 [ 223 P.2d 305 ]. The transactions out of which the present action arose have been the subject of extended litigation, phases of which were considered on appeal in Stafford v. Russell, 117 Cal.App.2d 319 [ 255 P.2d 872 ], and Sanders v. Howard Park Co., 86 Cal.App.2d 721 [ 195 P.2d 898 ].

In Coburg, this court affirmed an order striking out an answer and a cross-complaint of Guy N. Stafford in an action instituted by Coburg. The following material facts were before the court on that appeal and are for consideration on the present motion: Coburg (formerly Petroleum Development Company) brought an action, the ultimate purpose of which was to establish that it was the owner of a valid oil lease executed in 1924 covering certain lots in a tract known as Athens in Los Angeles County. Stafford, as owner of five of the lots in question, was named as a defendant. He filed an answer and a cross-complaint. By stipulation the answer was withdrawn, the cross-complaint was…