Sherman

This is an appeal from a judgment on the pleadings which was rendered in favor of plaintiffs on the third cause of action for the cancellation of a 20-year lease of land providing for the drilling of an oil-well within the limits of the city of Los Angeles.

August 26, 1922, the respondents executed a 20-year lease of a tract of land consisting of 76.81 acres of land in San Fernando addition to the city of Los Angeles. It is alleged this property was annexed to and became a part of the city of Los Angeles May 22, 1915; that an amendment to ordinance number 3376 was adopted January 12, 1924, including this land within the residence zone limits of the city, within which residence districts the use and maintenance of “any plant, fixed or portable apparatus” is prohibited “where power other than animal power is used . . . provided that one or more electric motors of a total capacity of not to exceed five horsepower may be operated and maintained”; that “it is ... a fact that an oil well as required by said lease . . . cannot be drilled by animal power or by electric motors of only five horsepower capacity”; that by reason of said ordinance the drilling of said well became unlawful and…