Fariss

On December 22, 1960, plaintiff (hereinafter “Franco Western” ) sued defendant Cameron, doing business as Cameron Oil Company. The controversy relates to the ownership of oil and gas leases in the Meridian area of Sutter County. Franco Western sought to establish ownership of a one-half interest in those leases, a concomitant of a joint venture between the parties. It has appealed from a defense judgment following the motion of defendant Cameron (hereinafter “Cameron”) "under Code of Civil Procedure, section 631.8. That section enacted in 1961 (Stats. 1961, ch. 692, § 2) authorizes, inter alia, a defendant in a trial by the court to move for a judgment upon the close of his opponent’s ease. The judge weighs the evidence. Upon the court’s determination to grant defendant’s motion, findings are made, followed by a judgment—which is on the merits. Such findings and a judgment were made here.

By its findings and judgment the trial court sustained defendant’s position that no joint venture agreement was entered into between the parties covering the leases in controversy and that Franco Western had no interest in those leases. Franco Western’s principal contention, among several on…