Crampton

Crampton v. Clark

Good Law
137 Cal. App. 392·1934 Cal. App. LEXIS 812·30 P.2d 584
Court of Appeal of CaliforniaMarch 16, 1934Docket No. 9300.California841 words

Opinion

Lead Opinion

Sturteyant, J.

From a judgment in favor of the plaintiffs the defendant has appealed.

On the second day of May, 1927, R. R. Horwitz, being the owner of certain land in Los Angeles County, and A. H. Crampton, being the owner of a rotary equipment for drilling oil wells, entered into an indenture of lease, by the terms of which Mr. Crampton leased to Mr. Horwitz his drilling equipment for the purpose of drilling a well on the premises so owned by Mr. Horwitz. The lease was dated May 2, 1927. Thereafter, on August 31, 1927, Mr. Horwitz assigned the lease to Dr. L. G. Clark, the defendant. Thereafter, on September 1, 1927, the defendant took possession of the drilling equipment and operated it until about January 6, 1928. At that time the well had been sunk into oil-bearing strata. The drilling was stopped and pumping was commenced. Shortly thereafter, according to the testimony introduced by the plaintiffs, the latter made a demand that the drilling equipment be returned to them. That demand was repeated. The defendant having refused to release the equipment, on March 31, 1928, the plaintiffs forcibly took possession of the equipment. Thereafter two actions were commenced. The plaintiffs sned for…

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