Byers

The defendant has filed a petition for a rehearing.

In the opinion heretofore filed it is said: “The payment made by the plaintiff was for a particular interest, the leasehold interest in the land.” By the term “leasehold interest” it was not intended to refer to the leasehold interest held by the plaintiff prior to the sale of the land under the trust deed but to a like interest acquired by the purchase of the land at such sale.

In his petition the defendant quotes from the opinion that “the plaintiff further testified that . . . the defendant agreed to give him a lease in accordance with the terms of the decree in his aforesaid action against the Crown Oil Company,” and then says: “We have again read very carefully the entire transcript of the evidence in this case . . . and we have been unable to find any such testimony by the plaintiff.” It is not deemed necessary to lengthen this opinion by quoting from the testimony of the plaintiff, but, for the convenience of counsel for the defendant, it may be said that folios 193, 198, 390, 392, 393, 394, 395, 396, 398, 399 and 416 of the supplement to his opening brief amply support the statement quoted from the opinion.

The case…

The complaint alleges that at all times between July, 1925, and November, 1926, the Crown Oil Company was the owner, subject to a deed of trust, of all the land described in the complaint; that, subject to the same deed of trust, the plaintiff was the owner of an “oil lease upon 40 acres of said property” and an option “for an oil lease upon all of said real property” other than said 40 acres; that prior to any negotiations with the defendant the plaintiff was given judgment against the Crown Oil.Company requiring it to execute a lease in accordance with the terms of said option, the judgment setting forth a copy of the lease to be executed; that the judgment had become final and the plaintiff had been put in possession of the property; that steps were being taken to sell the land under the terms of the deed of trust to satisfy the indebtedness secured thereby and the “plaintiff realized that his leasehold interest in all of said property was jeopardized”; that “in order to protect his leasehold rights, said plaintiff began negotiations with the holders of said obligation secured by said trust deed, and endeavored to interest someone to assist him in the purchase of said trust…

The complaint alleges that at all times between July, 1925, and November, 1926, the Crown Oil Company was the owner, subject to a deed of trust, of all the land described in the complaint; that, subject to the same deed of trust, the plaintiff was the owner of an "oil lease upon 40 acres of said property" and an option "for an oil lease upon all of said real property" other than said 40 acres; that prior to any negotiations with the defendant the plaintiff was given judgment against the Crown Oil Company requiring it to execute a lease in accordance with the terms of said option, the judgment setting forth a copy of the lease to be executed; that the judgment had become final and the plaintiff had been put in possession of the property; that steps were being taken to sell the land under the terms of the deed of trust to satisfy the indebtedness secured thereby and the "plaintiff realized that his leasehold interest in all of said property was jeopardized"; that "in order to protect his leasehold rights, said plaintiff began negotiations with the holders of said obligation secured by said trust deed, and endeavored to interest someone to assist him in the purchase of said trust…