Larimer

The plaintiffs recovered judgment for services performed in securing a contract for the sinking of oil-wells. From this judgment the defendant Zellers has appealed.

The amended complaint alleges that the plaintiffs are real estate brokers who reside in Los Angelés; that in 1923 they entered into an agreement with the defendant Sack to pro cure a contract with the Pomona Oil Company to sink oil-wells on lots 15-18, block PI, tract 1901, in Los Angeles County, in consideration of the payment of $14,400 as commissions for their services; that this contract for sinking oil-wells was duly executed by the Pomona Oil Company according to the agreed terms and conditions, on July 14, 1923; that the several defendants subsequently entered into an agreement by the terms of which they were associated in the joint enterprise of prospecting for oil upon the said lots pursuant to the terms of the above-mentioned contract with the Pomona Oil Company; that for a valuable consideration the defendants executed a written agreement concerning the operation of their said oil-prospecting enterprise, specifying the proportions in which each should participate in the profits and losses of the business,…