Hullinger

A judgment for damages was entered in this case in favor of the plaintiff, which the defendant has appealed from. A motion for a new trial was denied and an appeal also was taken by the defendant from the order.

As expressed in the amended complaint, the action was brought to recover damages because of the failure of the defendant to deliver to the plaintiff a lease supported by fee title covering certain oil lands in the county of Ventura, together with an oil well assumed to be located thereon, and because of alleged breach of other covenants made in connection therewith. Plaintiff alleged that in August, 1909, the defendant represented that it was the owner in fee simple of the real estate intended to be leased, and represented that there was located thereon a certain oil well which was capable of producing at least fifty barrels of crude petroleum per day, and that there was also located adjacent thereto, which would be available for plaintiff’s use, a standard drilling rig, boiler, and engine in good condition, with a complete outfit of drilling tools and a large footage of casing. He alleged further that he had paid on account of the rental reserved to the defendant the sum…