Pinkerton

The respondents, owners of certain real property in the county of Orange, obtained judgment in an' action instituted against the appellants, from which judgment the latter appealed.

Briefly stated, the plaintiffs alleged that they entered into a contract with the defendant Crail, doing business under the firm name and style of Shoreline Oil Company, by the terms of which the latter leased certain lands for the purpose of drilling for oil; that the parties thereto agreed that the oil company should pay for each orange tree destroyed on the property $100; that under the provisions of said contract the defendent Son, acting as agent, partner, servant and employee of the defendant company, entered upon and took possession of the property, and during operations destroyed twenty-eight orange trees; that the sum of $1,000 had been paid to the plaintiffs, and that the sum of $1800 was due and unpaid. A copy of the contract, attached to and incorporated as a part of the complaint, provided: “The lessee agrees to pay for the destruction of each orange tree at the rate of $100.00 per tree.” Defendant Son interposed a demurrer to the complaint upon the ground that it did not state facts…