Stafford

Plaintiff appeals from a judgment of dismissal based on the doctrine of res judicata.

The issues presented by plaintiff’s third amended complaint are asserted to have been previously determined by the judgment of the Superior Court of Los Angeles County in the case of Howard v. General Petroleum Corp. (hereinafter referred to as the Howard ease), which judgment was affirmed on appeal in 114 Cal.App.2d 91 [ 249 P.2d 585 ].

The facts in the Howard case were summarized by the District Court of Appeal in its opinion as follows (p. 92) : “Prior to 1926, plaintiffs, the owners of Lot 18, block 19 of Athens, in Los Angeles, together with the owners of adjoining Lot 19, were lessors in a community oil and gas lease. Royalty was to be paid to the lessors at the rate of one eighth of production, one half to the owners of Lot 18, and one half to, the owners of Lot 19, whether production be from one lot or the other. A well had been drilled on Lot 19. On March 27, 1926, the lessees assigned the lease to defendant General Petroleum Corporation, which operated the well and paid royalties until December 1, 1932. On October 26, 1932, General Petroleum bought Lot 19. On December 1, 1932, General…