Lewis

Appellants brought this action for an accounting, and for twenty-five per cent of the money received for water sold from wells on respondent’s ranch. The action finds its source in the following contract between the parties: “Coalinga, Fresno County, California, January 21—1929. I hereby enter into a contract with Wm. D. Lewis and E. B. Shaw. Whereas I agree to pay Wm. D. Lewis and E. B. Shaw twenty-five per cent of all water sold from the well or wells on my ranch near Murray in Kings County on T 21-R, 18-Sec. 34. The time of this contract to last as long as Wm. D. Lewis and E. B. Shaw7 succeed in the sale of water under contract to the various oil companies. The contract sale of water made by Lewis and Shaw to any one company not to be less than $300.00 per month. Lewis and Shaw agree to have a contract, for the sale of water made by not less than one company before the end of thirty days.”

It is alleged in the amended complaint that, at the time of the execution of the agreement, respondent owned lands in Kings County upon which there were wells producing water particularly adapted for use in boilers; that within thirty days from the execution of the contract appellants…