Fisher

Plaintiffs and appellants, T. E. Fisher and Floyd Hall, sued defendant and respondent, L. M. Hampton, for damages for alleged breach of a limited partnership agreement and appeal from a judgment by the court, sitting without a jury, denying relief.

After several preliminary meetings, the plaintiffs as limited partners and defendant as sole general partner executed a certificate of limited partnership on June 18, 1970. The agreement, which was drawn by defendant’s attorney, states in part that: “2. The character of the business intended to be transacted by said limited partnership is the acquisition of an Oil and Gas Lease from George N. Bastían et ux covering the W'/zNWW and the NW'ASW'A Section 10, T22S, R27E, MDB&M, in Tulare County, California, and to drill and complete a well thereon sufficiently deep to penetrate and test the producing zones encountered in the wells heretofore drilled and completed on said land (and now suspended or abandoned) as a steam stimulated well, and if successful to further drill, develop and produce such property.”

The agreement also provided: “5. The term of said limited partnership shall commence upon the execution hereof and shall…