Parkford

This is an appeal from a judgment which was rendered in a suit for declaratory relief under the provisions of section 1060 of the Code of Civil Procedure, involving the construction of an oil-well contract, with which proceeding another action for materials furnished to the defendants for the drilling of the well, was consolidated.

The plaintiffs are the owners of an oil lease on lots 25 ' and 26 of Manila Avenue Tract in the county of Los Angeles, according to the map thereof which is recorded in book 5, page 160, of the maps of said county. On April 27, 1927, the plaintiffs executed a written agreement with Hammond and Cragen to drill an oil-well on that property. This contract was subsequently assigned by the last-mentioned parties to the defendants. Pursuant to the terms of this agreement the oil-well was drilled on the premises ¡above described. When "the well reached a depth of 4,800 feet a controversy arose regarding the cost of sinking it to a lower point. An oral agreement was thereupon made between these parties to continue the sinking of the well to ■ an approximate depth of 5,500 feet, the additional cost of which was to be equally divided between the contracting…