Francis

The action is in ejectment. The complaint alleged that, on the first day of June, 1911, plaintiff “was the owner of, except as against the paramount title of the United States of America,” certain oil-bearing lands in the county of Kern, describing them; that, on July 29, 1911, plaintiff and one E. S. Good entered into a contract by the terms of which plaintiff agreed to sell and convey and said Good agreed to buy said lands for the sum of seventy thousand dollars, payable in installments. Said contract contained the following clause: “In the event of a failure to comply with the terms hereof, by the said party of the second part (Good), the said party of the first part (Francis) shall be released from all obligation in law or equity to convey said property, and the said party of the second part shall forfeit all right thereto.” It is next alleged that, in the month of September, 1911, the West Virginia Oil Company “went into possession under plaintiff” of said lands and that, on January 9, 1912, said Good in writing assigned all his interest under said contract to said corporation; that, on January 29, 1912, plaintiff entered into a contract with said West Virginia Oil Company…