Sanborn

The ahove-entitled actions were consolidated for the purposes of appeal. Action No. 6694 was tried in and appealed from Los Angeles County and action No. 6695 tried in and appealed from Kern County. The appeals are from the judgments rendered in favor of plaintiff for advance royalties payable monthly which had accrued under two executory contracts whereby plaintiff granted unto defendants, in consideration of the covenants contained in the said contracts, the exclusive right to drill for, produce and market oil and gas from the lands described for a period of twenty years, and all extensions of plaintiff’s government lease, less thirty days. There are two contracts involved in each case, and they are identical in form, but cover different lands and provide for different amounts to be paid as monthly advance royalties, and each action covers a different period of time. The following discloses the material portions of the contracts sufficient for the purpose of considering the questions involved, to wit:

The above contract provides for monthly payments of $300 and the other contract for monthly payments of $675, and each covers different lands.

It is shown that pursuant to the…