Albrecht

This action was brought by plaintiff, as assignee of the Standard Oil Company, against defendants for oil and gasoline alleged to have been furnished to defendants for use upon what is known as the Diggs Ran<;h, owned by the Estate of Marshall Diggs, deceased.

On May 15, 1925, appellant entered into a contract with defendants C. E. McLaughlin and Jackson Diggs, executors of the said estate, for the purchase by him of the said Diggs Ranch, and therein he agreed to pay all expense necessary for taking care of a 400-acre peach orchard and crops on said ranch, from and after May 1, 1925. Appellant took possession of said ranch upon the execution of said agreement, and remained in possession until April 29, 1926. Early in the year 1926 it became apparent that it would be impossible for appellant to carry out and perform his part of said contract. After some negotiations had taken place, appellant and the said executors, on April 29, 1926, entered into an agreement by the terms of which appellant surrendered to them the possession of the ranch, his liability for the expense of conducting and caring for said ranch to cease from said last-named date, he agreeing to pay all bills incurred…