Oldham

The plaintiff brought this action under section 1060 et seq. of the Code of Civil Procedure, to obtain a declaratory judgment, determining his rights in and to certain bonuses and royalties accruing under an agreement entered into between Hatie G. Jones and others, and the Federal Drilling Company, a corporation.

A controversy had arisen between the plaintiff herein, S. C. Oldham, and A. R. Hoodie, the defendant in this action, as to the share each should have in said bonuses and royalties. The controversy between the said parties grew out of certain dealings solely between the parties to this action, and did not involve other owners in the venture.

Judgment was rendered by the superior court of Kern County declaring that plaintiff owned 21/128 interest in said profits, and that defendant owned 3/128 interest therein. From this judgment the defendant appeals. Appellant argues to some extent that the trial court erred in overruling the demurrer of defendant. While the complaint alleges some matters perhaps unnecessary to an action for declaratory relief, yet as we understand section 1060 et seq. of the Code of Civil Procedure, sufficient facts are stated to show that an “actual…